Prestige
← All articles
Landlord Compliance

Landlord vs Tenant: Who is Responsible for Repairs in London?

8 July 20256 min read
Landlord vs Tenant: Who is Responsible for Repairs in London?

Repair responsibilities in a London rental property are governed by the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, and a growing body of case law that can catch landlords out. Understanding exactly where landlord obligations end and tenant responsibilities begin helps both parties avoid costly disputes, enforcement action from London boroughs, and potential rent repayment orders.

Confusion over who fixes what is one of the most common sources of conflict between London landlords and tenants. The law is clear on many points, yet disputes arise regularly — often because landlords are unaware of their full statutory duties, or because tenants do not understand what falls within their own remit. This guide sets out the legal framework, the practical boundaries, and what to do when things go wrong.

The Legal Framework

The starting point is Section 11 of the Landlord and Tenant Act 1985, which applies to most residential tenancies in England. It places an implied obligation on landlords to keep in repair and proper working order:

  • The structure and exterior of the property, including drains, gutters, and external pipes
  • Installations for the supply of water, gas, and electricity
  • Installations for space heating and water heating
  • Sanitary appliances provided by the landlord (baths, sinks, WCs, basins)

These obligations cannot be contracted out of in the tenancy agreement. Any clause purporting to transfer these responsibilities to the tenant is unenforceable. The Homes (Fitness for Human Habitation) Act 2018 strengthened these protections further, allowing tenants to bring civil action if a property is not fit for habitation at the start of or during the tenancy — encompassing issues such as damp, inadequate heating, and structural instability.

What Landlords Must Fix

In practical terms, London landlords are responsible for repairing and maintaining the following:

  • Boilers and central heating systems — including radiators, pipework, controls, and the flue. A broken boiler must be repaired within a reasonable time; in cold weather this is treated as urgent. Gas work must be carried out by a Gas Safe registered engineer.
  • Electrical installations — the fixed wiring, consumer unit, sockets, and light fittings provided by the landlord. Since 1 April 2021, all private rented properties in England are required to have an Electrical Installation Condition Report (EICR) in place before a new tenancy begins, and renewed at least every five years. This requirement applies across all London boroughs.
  • Roof, walls, and foundations — including treatment of damp caused by structural defects. London's stock of Victorian terraced and Edwardian properties is particularly susceptible to rising damp and failed pointing, which remain the landlord's responsibility regardless of how old the building is.
  • Plumbing and drainage — leaks, burst pipes, blocked drains, and failed seals around sanitary ware. If a leak originates from a landlord's pipe and damages a tenant's belongings, the landlord may be liable.
  • Windows and external doors — structural integrity, security, and weatherproofing. Replacing failed double-glazed units falls to the landlord.

Landlords must act once they have been notified of a repair need. The obligation to repair is not triggered until reasonable notice has been given — typically in writing. A landlord who delays unreasonably after notification is in breach of their statutory duty.

What Tenants Are Responsible For

Tenants are responsible for repairs that arise from their own actions, negligence, or failure to use the property in a tenant-like manner. This covers:

  • Minor maintenance such as replacing light bulbs and smoke alarm batteries
  • Unblocking sinks or toilets caused by tenant misuse
  • Repairing or replacing items they have damaged, including doors, windows, and floor coverings
  • Keeping the property adequately ventilated to prevent condensation damp — a landlord is not responsible for mould caused by the tenant failing to heat or ventilate rooms correctly
  • Reporting defects to the landlord promptly — a tenant who fails to report a small leak that then causes major structural damage may bear some responsibility for the consequential damage

The distinction between structural damp (landlord's responsibility) and condensation damp (often tenant behaviour) is frequently contested and sometimes requires a damp survey to resolve.

Borough Licensing and Additional Obligations

Many London boroughs operate selective licensing schemes that impose conditions above the statutory minimum. Landlords in areas such as Newham, Southwark, Waltham Forest, and Brent may be required to carry out specific repairs or maintenance works as a condition of their licence. Failure to meet licence conditions can result in fines, a banning order, or a Rent Repayment Order requiring repayment of up to 12 months' rent. It is worth checking your borough's licensing register before letting a property.

Handling Disputes

When a repair dispute cannot be resolved between landlord and tenant, the following routes are available:

  • Environmental Health — tenants can report hazards to their local council, which can serve an Improvement Notice under the Housing Health and Safety Rating System (HHSRS). This carries legal weight and may force works within a defined timeframe.
  • Housing Ombudsman or Property Redress Scheme — applicable where the landlord is a member.
  • County Court — tenants may seek specific performance of repair obligations and damages.

Landlords who respond promptly to repair notifications, keep records of communications, and use qualified tradespeople — Gas Safe engineers for gas work, Part P-registered electricians for notifiable electrical work — are far better positioned to defend themselves in any dispute. Prestige Engineers provides landlord compliance services across London, including Gas Safe boiler servicing, EICR inspections, and emergency plumbing callouts.

Frequently asked questions

1

How quickly must a London landlord fix a broken boiler?

There is no single statutory timeframe, but a broken boiler in winter is treated as an urgent repair that should be addressed within 24 to 48 hours. Unreasonable delay after notification constitutes a breach of Section 11 of the Landlord and Tenant Act 1985 and may expose the landlord to a civil claim.

2

Can a tenancy agreement make the tenant responsible for boiler servicing or structural repairs?

No. Section 11 of the Landlord and Tenant Act 1985 creates implied obligations that cannot be contracted out of. Any clause in a tenancy agreement that attempts to transfer statutory repair responsibilities to the tenant is unenforceable, regardless of what both parties have signed.

3

Who is responsible for mould in a rented London property?

Responsibility depends on the cause. Mould arising from structural defects, failed damp-proof courses, or roof leaks is the landlord's responsibility. Mould caused by condensation resulting from the tenant's failure to adequately heat or ventilate the property may be the tenant's responsibility, though landlords should still assess whether the property has sufficient insulation and heating capacity.

4

Is an EICR a legal requirement for all London rental properties?

Yes. Since 1 April 2021, the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require landlords of all privately rented residential properties in England, including all London boroughs, to obtain an EICR from a qualified electrician and renew it at least every five years. A copy must be provided to tenants before they move in.