Who Pays for Repairs - Tenants vs Landlords?

A landlord asked us this week: "My tenant says the boiler's my problem and the blocked sink is theirs, is that right?" Mostly, yes. The law draws a specific line, and it isn't always where either side assumes.

As the landlord, you're legally responsible for the structure, the exterior, and every gas, water, electrical, and heating installation, by law, not by choice. Everything else comes down to who caused it and who's living with it day to day.

What's always on you

Under Section 11 of the Landlord and Tenant Act 1985, you're responsible for the structure and exterior, walls, roof, windows, drains, gutters, and external pipes, plus the installations for gas, electricity, water, sanitation, and heating. A broken boiler, a faulty electrical circuit, a leaking pipe within the walls, a collapsed guttering, that's you, every time, regardless of what the tenancy agreement says. You can't contract out of Section 11. Any clause trying to push these onto the tenant simply isn't enforceable.

What's usually on them

Day to day upkeep sits with the tenant: changing lightbulbs and smoke alarm batteries, keeping the property reasonably clean, not misusing fixtures, and reporting problems promptly rather than letting them get worse. A blocked sink from built up grease, a broken window from their own accident, damage from something they did, that's on them to put right. The test isn't whose name is on the tenancy agreement, it's whether the cause was wear and tear or structure on one side, or misuse and neglect on the other.

Where it's clearly their responsibility, you can either arrange the repair yourself and recover the cost through the deposit, keeping you in control of the standard of work, or agree that the tenant instructs their own tradesman directly. Both are legally sound, and neither falls foul of the Tenant Fees Act, since you're recovering genuine damage costs, not charging a fee.

The grey area: damp and condensation

This is where most disputes happen. Condensation from a tenant drying washing indoors with no ventilation is a lifestyle issue. Damp from a leaking roof, a failed damp course, or poor insulation is structural, and that's on you. The two can look identical on a wall, so investigate, don't assume. Awaab's Law already forces social landlords to fix damp and mould to fixed deadlines. The Renters' Rights Act has laid the groundwork to extend it to private landlords too, no start date confirmed yet, but treating every report seriously now costs less than retrofitting that habit once it's a legal deadline.

The bottom line

Structure and installations are always yours. Day to day misuse is usually theirs. Everything in between needs an actual look at the property, not a guess. But remember, this is somebody's home, not just an investment. Fix what's legally yours, quickly and properly, and you'll have a tenant who stays longer, causes fewer problems, and keeps paying the rent.

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