Landlord responsibilities for repairs and safety

Your repairing obligations as a landlord

Most residential tenancies in England are assured shorthold tenancies, and the law implies a set of repairing duties into every one of them. The main source is section 11 of the Landlord and Tenant Act 1985, which applies to tenancies of less than seven years and covers the structure and exterior of the property, plus the installations that supply water, gas, electricity and sanitation, and those used for space heating and hot water.

In practice, that means keeping the roof, walls, windows, drains and gutters in working order, and making sure the boiler, radiators, pipework, sockets and plumbing are safe and functional. The duty is to repair and maintain, not to improve. You are not obliged to replace a dated kitchen simply because a tenant would prefer a newer one, though you may still have duties under other rules if something is unsafe.

There is one important limit. You are not responsible for damage caused by the tenant's own negligence or careless use — a broken window from a slammed door, for example. You also have a right of access to inspect and carry out works, provided you give at least 24 hours' written notice and attend at a reasonable time of day.

Gas safety checks are non-negotiable

If there is any gas appliance or flue in the property that you own or control, you must arrange a gas safety check every 12 months. The check must be carried out by an engineer on the Gas Safe Register, and it covers appliances, flues and pipework.

• Give each existing tenant a copy of the gas safety record within 28 days of the check.
• Give new tenants a copy before they move in, or at the start of the tenancy at the latest.
• Keep your own copy of each record for at least two years.
• Display the record in a prominent spot in houses in multiple occupation, or give each tenant a copy.

If a gas appliance fails the check, you must not allow it to be used until it is repaired or replaced. Never rely on a tenant to arrange their own safety check on your behalf, even if they offer.

Electrical safety and the EICR

Since 1 June 2020 for new tenancies, and 1 April 2021 for all existing ones, landlords must have the electrical installation inspected and tested at least every five years by a qualified person. The result is an Electrical Installation Condition Report (EICR), which rates the installation as satisfactory or unsatisfactory.

You must supply a copy of the report to the tenant, and to a prospective tenant who asks for one in writing, within 28 days. If the report flags remedial work, it has to be completed within 28 days of the inspection, or sooner if the report specifies a shorter deadline. Keep evidence of the works.

Portable appliance testing is not a specific legal requirement in a normal residential let, but you still owe a general duty to ensure electrical equipment you supply is safe. In practice, that means checking kettles, irons and any white goods you provide, and replacing anything with frayed leads or cracked plugs.

Deposit protection rules

If you take a deposit for an assured shorthold tenancy, you must protect it in a government-approved tenancy deposit scheme within 30 days of receiving it. You then have another 30 days to give the tenant the prescribed information — the scheme's details, how the deposit is held, and the circumstances in which deductions may be made.

There is also a cap on how much you can ask for. For annual rent below £50,000, the deposit cannot exceed five weeks' rent. Above that threshold, the limit is six weeks.

Getting this wrong is expensive. A court can order you to repay the deposit or pay it into the custodial scheme, plus a penalty of between one and three times the deposit amount. You also lose the ability to serve a valid section 21 notice until the deposit is properly protected and the prescribed information given.

Smoke alarms, carbon monoxide and furniture

Safety duties go beyond repairs. You must install at least one smoke alarm on every storey of the property that contains a room used as living accommodation, and test it at the start of each tenancy. Where there is a fixed combustion appliance — a boiler or open fire, but not a gas cooker — you need a carbon monoxide alarm in the same room, again tested at the start of the tenancy.

Any furniture and furnishings you supply must comply with fire safety regulations. Items must carry the correct permanent label showing they resist ignition. This catches a surprising number of landlords who leave behind an old sofa or armchair without checking the label.

What happens when things go wrong

If you fail to carry out repairs, the tenant can report you to the local authority. Environmental health officers can serve an improvement notice, and in serious cases a prohibition order that stops the property being used. For some breaches, tenants can apply for a rent repayment order, and they can also claim damages through the courts for disrepair.

The practical answer is to keep clear records: dated safety certificates, receipts for works, signed inventories and evidence that documents were given to tenants on time. If you are unsure whether a particular obligation applies to your property — especially in licensed or HMO settings — it is worth taking advice before problems escalate. Staying on top of the paperwork is far cheaper than defending a claim.