Knowing who is responsible for what repairs is one of the most common sources of confusion between landlords and tenants. The answer has never been simple, but we’re here to help. This guide covers landlord maintenance obligations under current UK law, what tenants are responsible for, and what both parties need to know going into a tenancy this year.
In England, landlord maintenance responsibilities are primarily defined by Section 11 of the Landlord and Tenant Act 1985. This sets out the baseline repairs a landlord must carry out regardless of what the tenancy agreement says.
A landlord is legally required to maintain:
These obligations cannot be removed by a tenancy agreement. Even if a lease tries to shift structural repairs to a tenant, that clause has no legal force.
Tenants, in turn, are responsible for minor maintenance and keeping the property in reasonable condition. That includes things like changing light bulbs, maintaining internal decorations, keeping drains clear of blockages caused by their own use, and reporting problems to the landlord promptly.
Tenants are not responsible for issues caused by fair wear and tear.
The Renters' Rights Act received Royal Assent in October 2025, with the first major phase coming into force on 1 May 2026. This legislation represents the most significant reform to the private rented sector in a generation.
For landlord maintenance specifically, the key changes are:
Landlords must maintain properties to a higher standard, ensuring they are safe and habitable. The Decent Homes Standard, which previously applied only to social housing, is expected to extend to the private rented sector by 2035, but the direction of travel is clear now.
From 1 May 2026, landlords can no longer evict tenants without a valid legal reason. While this is primarily a possession issue, it changes the maintenance dynamic: tenants are more likely to report problems and assert their rights when they know they cannot be removed simply for doing so.
For tenancies created on or after 1 May 2026, landlords must provide certain written information about key tenancy terms, which includes repair and maintenance responsibilities.
A Private Rented Sector Landlord Ombudsman and a national property database are part of the Act's later phases. These will make compliance records more visible and disputes easier to escalate.
Awaab's Law is named after Awaab Ishak, a two-year-old boy who died in 2020 following prolonged exposure to mould in his social housing flat in Rochdale. His family had raised the problem repeatedly, but no action was taken.
The law introduces legally binding timescales for investigating and resolving serious housing hazards. It came into force for social housing in October 2025 and is being extended to the private rented sector in phases.
The key timescales under Awaab's Law for social landlords (and the benchmark for what is expected in the private sector) are:
From 2026, these obligations are expanding to cover a wider range of hazards in social housing, including excess cold, fire safety, and electrical risks. The private rented sector will follow, though the specific implementation dates are still being confirmed.
The practical implication for private landlords is this: waiting weeks to respond to reports of damp, mould, or heating failure is no longer acceptable under the direction of UK housing law, and enforcement is tightening.
Tenants often believe all repairs fall to the landlord. In practice, tenants carry responsibility for a meaningful portion of day-to-day maintenance.
Tenants are generally expected to:
Importantly, a landlord's responsibility to repair is only triggered once they have been told about the problem.
A tenant who fails to report a leak and allows it to worsen may share responsibility for the resulting damage. Prompt reporting is both a legal expectation and a practical protection for the tenant.
Most of the disputes between landlords and tenants involve situations that are not clearly covered by either party's obligations.
This is one of the most common disputes. If mould is caused by a structural defect such as inadequate insulation or a damp proof course failure, it is the landlord's problem. If it is caused by a tenant not ventilating the property, it becomes more complicated.
Under Awaab's Law, landlords are expected to investigate the root cause properly rather than simply repainting.
If a drain blocks because of a structural issue or gradual build-up over time, that is typically a landlord's responsibility. If it blocks because the tenant has been putting unsuitable items down, the tenant may be liable for the cost. A CCTV drain survey is often the fastest way to establish which applies.
Generally, the landlord's responsibility is if the property structure is the cause (gaps in walls, poor drainage, damp conditions). If the infestation is caused by how the tenant keeps the property, responsibility shifts.
Usually the tenant's responsibility to maintain to a reasonable standard, but the landlord is typically responsible for larger trees and structural garden features.
Given the changes this year, landlords managing residential properties in England should have the following in order:
Documentation is increasingly important. With disputes more likely to reach a formal ombudsman or tribunal, a clear paper trail of reported issues, responses, and completed work is a practical necessity, not just good practice.
It is worth noting that the Renters' Rights Act 2026 and Awaab's Law in its current form apply primarily to residential tenancies. Commercial leases operate under different rules, and commercial property maintenance is defined almost entirely by the terms of the individual lease.
That said, the health and safety obligations under the Health and Safety at Work Act and the HSE's framework still apply to commercial premises. Gas safety, electrical safety, fire safety, and asbestos management are legal requirements regardless of whether the property is residential or commercial.
For property managers and facilities teams handling mixed portfolios, or commercial landlords who also manage residential units, keeping the two frameworks distinct is essential. The obligations are different, the timescales are different, and the consequences of non-compliance differ significantly.
Landlord maintenance responsibilities in 2026 are broader, more enforceable, and more closely scrutinised than at any point in recent years. The Renters' Rights Act 2026 and the ongoing rollout of Awaab's Law signal a clear direction: higher standards, faster response times, and better documentation across the board.
For landlords, the practical response is straightforward. Keep compliance up to date, respond to reported problems without delay, document everything, and build a reliable network of contractors who can respond when something goes wrong.
For tenants, understanding what you are responsible for and reporting problems promptly is the best protection available.
If you manage commercial or mixed-use property across London and the South East and need a contractor who can respond fast, get in touch with FS Group today.
