Landlord and Tenant Act 1985 Guide | Coopers Inventory Services

Tenancy & Property Management Law 1:

Landlord and Tenant Act 1985: A Guide for Landlords

The Landlord and Tenant Act 1985 is an important piece of housing legislation setting out a number of rights and responsibilities affecting landlords and tenants.

For landlords, some of its most important provisions concern repairs, property condition, fitness for human habitation, landlord information and service charges.

However, the Act should not be viewed in isolation. Landlords today operate within a wider legal framework, and significant changes to private renting in England came into effect on 1 May 2026 under the Renters' Rights Act 2025.

Understanding these responsibilities — and maintaining good records throughout a tenancy — can help landlords manage properties professionally and address problems before they develop into larger disputes.

Section 11: Landlord Repairing Responsibilities

Section 11 of the Landlord and Tenant Act 1985 is particularly important for residential landlords.

For tenancies to which the provision applies, landlords have responsibilities concerning the repair of the property's structure and exterior, including elements such as drains, gutters and external pipes.

Responsibilities also extend to keeping installations in repair and proper working order for:

  • the supply of water, gas and electricity

  • sanitation

  • space heating

  • heating water

This can include installations such as basins, sinks, baths and sanitary conveniences.

These statutory repairing obligations cannot simply be transferred to a tenant through wording in a tenancy agreement where Section 11 applies.

What Does “Structure and Exterior” Mean?

A landlord's responsibilities can extend beyond obvious internal repairs.

Depending upon the circumstances, the structure and exterior can encompass important parts of the building itself and external elements for which the landlord is responsible.

The practical point for landlords is that problems such as water ingress, deterioration, defective drainage or building defects shouldn't be ignored simply because they aren't inside the tenant's living space.

When a repair concern is reported, the cause should be appropriately investigated and the landlord should determine their responsibility rather than simply treating the visible symptom.

Fitness for Human Habitation

The Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985 by introducing provisions requiring relevant rented homes to be fit for human habitation at the beginning of the tenancy and remain fit throughout it.

This isn't simply about whether something needs repairing.

A property can potentially be unsuitable for habitation because of its overall condition or a serious problem affecting occupants' ability to live safely in the home.

Factors can include issues associated with:

  • damp

  • ventilation

  • water supply

  • drainage and sanitation

  • natural lighting

  • facilities for preparing food

  • hazards affecting occupants' health and safety

Where a property is unfit, tenants may have legal remedies available to require appropriate action.

Damp, Mould and Property Condition

Damp and mould deserve particular attention because they can develop gradually and may have several possible causes.

Water ingress, leaks, ventilation, heating, condensation and defects in the building fabric can all be relevant.

Landlords should take reports of damp or mould seriously and appropriately investigate the underlying cause rather than simply treating the visible surface.

Read our Housing Health & Safety Rating System (HHSRS) Guide

Accessing a Property for Repairs and Inspections

Landlords may need access to a property to inspect its condition or undertake necessary repairs, but the property is also the tenant's home.

The Landlord and Tenant Act contains provisions concerning access for relevant purposes, while tenancy agreements and wider landlord-and-tenant law can also affect how access should be managed.

As a general property-management practice, landlords and agents should:

  • communicate clearly with tenants

  • give appropriate notice

  • agree access wherever possible

  • keep records of communications and appointments

  • respect the tenant's occupation of their home

Emergencies can require a different approach.

Landlord Information

Tenants have rights to certain information about their landlord.

Depending on the circumstances, provisions of the Landlord and Tenant Act 1985 require information concerning the landlord's identity and address to be provided.

Landlords and managing agents should therefore ensure the appropriate landlord details are properly provided and kept current.

New Tenancy Information Rules from May 2026

The Renters' Rights Act 2025 significantly changed private assured tenancies in England from 1 May 2026.

Most existing assured shorthold tenancies became assured periodic tenancies, while new assured tenancies are also periodic rather than fixed-term.

Landlords must also provide tenants with prescribed written information.

For existing written tenancies affected by the reforms, most landlords or agents were required to provide the government's Renters' Rights Act Information Sheet by 31 May 2026. Failure to do so can result in a financial penalty of up to £7,000.

For new tenancies, landlords must provide prescribed information about the tenancy in writing.

What Happened to Section 21?

From 1 May 2026, Section 21 “no-fault” eviction was abolished for private assured tenancies in England.

Landlords seeking possession must now use an appropriate possession ground and follow the relevant Section 8 process.

Important change from 1 May 2026

The private rented sector in England has moved to a new assured periodic tenancy system. Section 21 has been abolished and landlords now need an applicable legal ground when seeking possession.

Renter's Rights Act: an overview for landlords

Service Charges and Major Works

Broadly, service charges must meet statutory requirements concerning reasonableness, and landlords can have consultation obligations before carrying out certain qualifying works or entering particular long-term agreements.

This is a specialist area and can depend heavily on the lease, property and proposed works.

Landlords, freeholders and managing agents dealing with service charges or major works should check the specific statutory requirements and obtain specialist advice where necessary.

Coming soon: Section 20 Consultation: A Guide for Landlords & Property Managers

The Renters' Rights Act 2025

From 1 May 2026, major reforms affecting the private rented sector in England included:

  • abolition of Section 21

  • assured periodic tenancies replacing the previous assured/fixed-term system

  • reformed possession grounds

  • changes to rent increases

  • restrictions around rental bidding

  • new rules concerning discrimination against tenants with children or receiving benefits

  • a requirement to consider tenant requests to keep pets

  • strengthened enforcement powers.

Further reforms are being introduced in phases.

From late 2026, the government plans to begin rolling out the new Private Rented Sector Database, while the wider implementation programme also includes a PRS Landlord Ombudsman and, in a later phase, extension of Awaab's Law and a Decent Homes Standard to the private rented sector.

That means landlords should continue checking current government guidance rather than relying on older tenancy-law information.

Property Condition & Coopers Inventory Services

The Landlord and Tenant Act places important responsibilities on landlords relating to repairs and property condition. Maintaining a clear record throughout a tenancy can help landlords, letting agents and property managers understand how a property's condition changes over time.

Coopers Inventory Services provides independent, detailed property reporting at key stages of the tenancy.

An Inventory & Schedule of Condition creates a written and photographic record at the beginning of the tenancy, while Mid-Term Property Inspections can document visible changes, deterioration and maintenance concerns during occupation.

Check-Out Reports then provide a further record of the property's condition when the tenancy ends.

Coopers' reports do not determine legal liability, diagnose specialist property defects or replace a landlord's repairing obligations or professional legal advice. Where a maintenance or safety concern is identified, appropriate investigation and action should be taken.

Practical Checklist for Landlords

Managing Your Repair & Property Responsibilities

  • Understand your statutory repairing obligations

  • Respond appropriately to reported repairs

  • Investigate recurring damp, mould or water ingress

  • Maintain heating, hot water and sanitation installations

  • Keep clear records of repairs and contractor work

  • Document property condition at the beginning of a tenancy

  • Consider Mid-Term Inspections during occupation

  • Communicate clearly when access is required

  • Ensure tenants receive required information

  • Keep up with the 2026 Renters' Rights reforms

  • Seek specialist legal advice where responsibilities or disputes are unclear

Official Guidance & Further Reading:

GOV.UK — Homes (Fitness for Human Habitation) Act

Government guidance explaining landlords' responsibilities for ensuring relevant rented homes remain fit for human habitation.

>>Homes (Fitness for Human Habitation) Guidance — GOV.UK

GOV.UK — Renters' Rights Act: Guide for Landlords

This is current and specifically written for landlords dealing with the changes introduced on 1 May 2026.

>>Renters' Rights Act — Landlord Guide

GOV.UK — Renters' Rights Implementation Roadmap

Useful for landlords and agents wanting to understand which reforms have already happened and what's coming next.

>>Renters' Rights Act Implementation Roadmap

Please note: This guide provides general information and is not legal advice. Landlord and tenant law varies according to the tenancy, property and circumstances and continues to change. Always refer to current government guidance and seek qualified legal advice where appropriate.

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