In this article
Who Pays for Repairs: Landlord vs Tenant, Item by Item
Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for the structure, exterior, and the installations for water, gas, electricity, sanitation and heating. The tenant is responsible for their own possessions, damage beyond fair wear and tear, and minor tasks under the duty to use the premises in a tenant-like manner.
This article is for general information purposes only and does not constitute legal advice. Landlords should seek independent legal advice for their specific circumstances. It describes the position in England.
The three tests
Before the item by item tables, three questions settle almost every dispute.
Is it structure, exterior or an installation? If yes, it is the landlord's under section 11, regardless of what the tenancy agreement says. Section 12 makes any term purporting to exclude or limit section 11 void unless the county court has authorised it.
Did the tenant cause it, beyond fair wear and tear? If yes, the tenant is liable for the damage even where the item is otherwise the landlord's. A tenant who cracks a basin is liable for the basin; the basin is still an installation.
Is it a minor day to day task? If yes, it falls within the tenant's duty to use the premises in a tenant-like manner, described in Warren v Keen [1954] 1 QB 15 as doing the little jobs about the place which a reasonable tenant would do.
A fourth consideration sits above all three. Section 9A of the Landlord and Tenant Act 1985 requires the dwelling to be fit for human habitation, assessed against the HHSRS hazards. That duty can bite where section 11 does not, because it does not require anything to be broken.
Structure and exterior
| Item | Responsible | Note |
|---|---|---|
| Roof, chimney, guttering, downpipes | Landlord | Core section 11 |
| External walls, render, pointing | Landlord | |
| Foundations, floors, ceilings, internal load bearing walls | Landlord | |
| Windows and external doors, frames and seals | Landlord | |
| Broken window glass | Depends | Landlord if failure or storm; tenant if they broke it |
| Damp proof course | Landlord | |
| Locks on external doors | Landlord | Tenant if they lost the key or broke the lock |
| Damage caused by the tenant or their visitors | Tenant | Beyond fair wear and tear |
Heating, water and sanitation
| Item | Responsible | Note |
|---|---|---|
| Boiler, radiators, pipework, hot water cylinder | Landlord | Installation under section 11 |
| Annual gas safety check | Landlord | Non-delegable, Gas Safety (Installation and Use) Regulations 1998 |
| Basins, baths, sinks, toilets | Landlord | Sanitary installations |
| Toilet seat | Usually landlord | Tenant if broken through misuse |
| Blocked sink, basin or toilet | Tenant | Unless caused by a defect in the pipework |
| Blocked external drain | Landlord | Unless the tenant caused it |
| Dripping tap, washer replacement | Landlord | Minor, but part of the installation |
| Bleeding radiators | Tenant | Tenant-like manner |
| Frozen or burst pipes from leaving heating off | Tenant | If the tenant failed to take reasonable precautions |
| Water pressure and stopcock | Landlord |
Electrical
| Item | Responsible | Note |
|---|---|---|
| Fixed wiring, consumer unit, sockets, fixed light fittings | Landlord | |
| Five yearly EICR | Landlord | Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 |
| Lightbulbs | Tenant | Classic tenant-like manner item |
| Fuses in tenant appliances | Tenant | |
| Extractor fans | Landlord | Also relevant to condensation and fitness |
| Appliances supplied by the landlord | Landlord | See the appliance table below |
| Appliances the tenant owns | Tenant |
Safety equipment
| Item | Responsible | Note |
|---|---|---|
| Installing smoke alarms on every storey | Landlord | Smoke and Carbon Monoxide Alarm (England) Regulations 2015 |
| Installing carbon monoxide alarms in rooms with a fixed combustion appliance | Landlord | |
| Checking alarms work on the first day of the tenancy | Landlord | |
| Testing alarms during the tenancy | Tenant | |
| Replacing alarm batteries during the tenancy | Tenant | Landlord must repair or replace a faulty alarm once told |
| Repairing or replacing a faulty alarm | Landlord | Once notified |
Appliances, furniture and white goods
| Item | Responsible | Note |
|---|---|---|
| Cooker, fridge, washing machine supplied by landlord | Landlord | Maintain in safe working order |
| The same items owned by the tenant | Tenant | |
| Furniture supplied by the landlord | Landlord | Also subject to the Furniture and Furnishings (Fire) (Safety) Regulations 1988 |
| Cleaning the appliance filter or condenser | Tenant | Routine use |
| Appliances left by a previous tenant and kept in the property | Landlord | They become supplied items |
Interior, decoration and pests
| Item | Responsible | Note |
|---|---|---|
| Internal decoration, fair wear and tear | Landlord | Not a section 11 duty, but a practical one |
| Marks, scuffs and picture hooks | Depends | Fair wear and tear is not chargeable |
| Condensation mould from inadequate ventilation or insulation | Landlord | A deficiency in the property |
| Mould from deliberately blocking ventilation | Tenant | Needs evidence, not assumption |
| Carpets and flooring supplied by the landlord | Landlord | Fair wear and tear excepted |
| Pest infestation present at the start of the tenancy | Landlord | |
| Pest infestation caused by structural defects | Landlord | Gaps, holes, defective drains |
| Pest infestation caused by the tenant's waste handling | Tenant | |
| Garden maintenance, routine | Tenant | Unless the agreement says otherwise |
| Trees, boundary walls and fences | Landlord | Structural and boundary items |
What cannot be shifted onto the tenant
Section 12 of the Landlord and Tenant Act 1985 voids any term of a lease that purports to exclude or limit the section 11 obligations, or that imposes a penalty on the tenant for relying on them.
This matters because such clauses are common. A term making the tenant responsible for the boiler, for the annual gas safety check, or for the first £150 of any repair is ineffective as against section 11. Including it does not make it work, and a landlord who relies on it and delays a repair on that basis has both an unenforceable clause and a period of unremedied disrepair.
Two further duties are equally non-transferable: the annual gas safety check, and the five yearly EICR. Both sit on the landlord by regulation rather than by contract.
Fair wear and tear is the other boundary landlords most often misjudge, usually at the deposit stage. It reflects reasonable use over the length of the tenancy and the number of occupants. Carpet worn along a hallway after three years is wear; a burn in that carpet is damage. Deposit schemes apply betterment principles, so a landlord cannot charge the full cost of a new carpet to replace a five year old one. Our guide to deposit disputes and adjudication covers the evidence that succeeds.
When the split is disputed
Inspect before deciding. A landlord who declines a report on the basis that it is the tenant's responsibility, without attending, is asserting a conclusion they have not tested, and if they are wrong the clock has been running throughout. Our article on what to do in the first 14 days after a repair report sets out the sequence.
Where the item is genuinely the tenant's, put that in writing with the reason, and offer to arrange the work and recharge it if that is easier for both parties. Where it is arguable, do the work and reserve the position on cost. The cost of a contested minor repair is almost always less than the cost of a disrepair claim in which the landlord is found to have refused.
Repair disputes are usually about who was told what and when, rather than about the law. LLCR's Property Issue Log records each report, the response, and the outcome as a dated chain against the property. Check your wider position with the free compliance checker, or read about how housing disrepair claims work.
Frequently asked questions
Can my tenancy agreement make the tenant responsible for the boiler?
No. Section 12 of the Landlord and Tenant Act 1985 voids any term that purports to exclude or limit the repairing obligations in section 11, and the boiler is an installation for space heating and water heating covered by that section. A clause making the tenant responsible, or imposing an excess on repairs, is ineffective. Relying on it and delaying the repair leaves the landlord with an unenforceable clause and a period of disrepair.
Who pays for a blocked drain?
It depends on the cause and the location. An internal blockage in a sink, basin or toilet caused by what has been put down it falls within the tenant's duty to use the premises in a tenant-like manner. A blocked external drain, or a blockage caused by a defect in the pipework such as a collapsed or root damaged run, is the landlord's under section 11. Where the cause is unclear, inspecting first is cheaper than arguing.
Is condensation mould the tenant's responsibility?
Usually not. Condensation has three contributing causes: ventilation, insulation and moisture production, and only the last relates to the occupants. Government guidance treats ordinary activities such as cooking, bathing and drying laundry as unavoidable sources of moisture that are unlikely to amount to a breach of contract. Where the property lacks working extractor fans or adequate insulation, that is a deficiency in the property. Deliberately blocking ventilation is different and needs evidence.
This article is provided for informational purposes only and does not constitute legal advice. LLCR is a compliance management platform, not a law firm. For advice specific to your situation, consult a qualified solicitor.