Repair Obligations in Residential Tenancies
When something goes wrong in a rented home, the first question is usually the simplest one to ask and the hardest to answer: whose job is it to fix it? The answer depends on what has broken, what the tenancy agreement says, and, increasingly, on which side of the England and Wales border the property sits. The two nations now run noticeably different systems. This article looks at how repair obligations work for ordinary residential lettings in England and in Wales. Scotland and Northern Ireland have their own separate rules and are not covered here.
The landlord's core duty to repair
In England, the foundation is section 11 of the Landlord and Tenant Act 1985. It requires the landlord to keep in repair the structure and exterior of the property, including the roof, walls, windows, external doors, gutters and drains, and to keep in working order the installations for the supply of water, gas, electricity and sanitation, along with those for heating and hot water. This duty applies to most lettings granted for a term of under seven years, and it cannot be signed away in the tenancy agreement.
Wales reaches a similar place by a different route. Under section 92 of the Renting Homes (Wales) Act 2016, the landlord must keep the structure and exterior in repair and the key installations in working order, again for occupation contracts of less than seven years. Tenants in Wales are now called "contract-holders" and their agreements are "occupation contracts," which is a change of vocabulary worth knowing if you are renting there.
Making the home fit to live in
Repair is only part of the picture. A home can be free of obvious disrepair and still be a poor place to live, which is where the separate idea of fitness for human habitation comes in.
In England, the Homes (Fitness for Human Habitation) Act 2018 requires a rented home to be fit to live in at the start of the tenancy and throughout it. Fitness is judged against a list of common hazards, such as damp and mould, poor ventilation, inadequate heating and unsafe layout. The practical importance is twofold: it can catch problems that are not strictly "disrepair" (persistent condensation damp is the classic example), and it lets a tenant take the landlord to court directly rather than waiting for the council to act.
Wales builds the same duty into the occupation contract through section 91 of the 2016 Act, supported by the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022. The Welsh regulations go a step further by naming specific things a landlord must do; if they are not done, the home is automatically treated as unfit.
The specific safety checks
Some obligations are fixed and non-negotiable.
On gas, across both nations the Gas Safety (Installation and Use) Regulations 1998 require an annual gas safety check by a Gas Safe registered engineer, with a copy of the record given to the tenant.
On electrics, in England the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require the electrical installation to be inspected and tested at least every five years, with the report (an EICR) provided to the tenant. Wales requires the same five-yearly EICR through its fitness regulations, and the courts there have confirmed that providing the report late, not merely having one, can make a property unfit.
On alarms, England requires at least one smoke alarm on each storey and a carbon monoxide alarm in any room with a fixed combustion appliance such as a wood burner. Wales goes further, requiring mains-wired, interlinked smoke alarms on every storey and carbon monoxide alarms in rooms with a gas, oil or solid-fuel appliance.
What tenants are responsible for
Tenants are not simply passive here. The long-standing expectation, often summarised as using the property in a "tenant-like manner," is that an occupier handles the small, everyday jobs: replacing light bulbs and testing alarms where appropriate, reporting faulty alarms promptly, keeping the place reasonably clean and ventilated, unblocking a sink, and taking sensible care of the home. Tenants are also responsible for putting right damage they, their household or their visitors cause, beyond fair wear and tear.
One point matters above all others: report problems promptly and in writing. For many internal repairs the landlord's duty to act is triggered only once they know about the defect, so a delayed report can delay the remedy and weaken any later complaint.
Damp, mould and Awaab's Law
Awaab's Law has had a great deal of coverage, and it is easy to assume it already applies everywhere. It does not. As things stand, Awaab's Law is in force for social housing only, where, since 27 October 2025, landlords must investigate emergency hazards within 24 hours and address dangerous damp and mould within strict timescales. It does not yet apply to private lettings.
The government intends to extend it to the private rented sector through the Renters' Rights Act 2025, but the detail and timing are still to be confirmed and are subject to consultation, so private tenants should not assume those fixed timescales apply to them today. In the meantime, damp and mould in a private let are dealt with under the ordinary repairing and fitness duties described above, which remain perfectly capable of requiring a landlord to act.
What is changing
For private renting in England, the Renters' Rights Act 2025 is gradually reshaping the landscape. The change most relevant to repairs is already in force: since 1 May 2026, no-fault evictions under the old section 21 have been abolished, so a tenant who asks for repairs can no longer be removed simply for raising the issue. Other measures affecting standards, including the extension of Awaab's Law and a Decent Homes Standard for private lets, are expected to follow later, once further regulations are made. Wales is reforming on its own separate track and is not governed by this Act.
If repairs are not being done
Start by reporting the problem to the landlord or agent clearly and in writing and allow reasonable access for an inspection or the work itself. Landlords, for their part, are generally entitled to enter to inspect or repair on at least 24 hours' written notice, except in an emergency.
If a landlord does not respond, the local council can inspect the property and, where it finds a serious hazard, require the landlord to put it right. Beyond that, a tenant or contract-holder can take the matter to court. Some routes, such as withholding rent, carry real risks if handled incorrectly, so it is wise to take advice before going down that path.
Where to go from here
Repair obligations are reciprocal, and most disputes are resolved more quickly by clear communication and a written record than by anything else. But the law here is detailed, it differs between England and Wales, and it is part-way through a significant period of reform. If you are unsure where you stand, whether as a tenant facing a repair that is not being done or as a landlord wanting to meet your obligations properly, contact your solicitor, who can advise on your specific circumstances.