Section 11 Implied terms on repairs in your tenancy agreement
An implied term is a term that can be read into a tenancy agreement even though it has not been stated in writting.
Section 11 of the Landlord and Tenant Act 1985, implies a term into your tenancy agreement. It is the most important of your legal obligations to carry out basic repairs as a landlord. The implied term applies whether your tenancy agreement is in writing or has been agreed orally.
What are my obligation as a landlord under section 11?
They are for you to keep in repair:
- the structure and exterior of your home, for example, the walls, roof, foundations
- drains, guttering and external pipes
- windows and external doors
- basins, sinks, baths, toilets and their pipework
- water and gas pipes, electrical wiring, water tanks, boilers, radiators, gas fires, fitted electric fires or fitted heaters.
The above list are your legal obligation’s irespective what you have written or agreed with the tenant. A landlord is not permitted to pass on the cost of any repairs to your tenants.
Section 11 Common parts
Tenancies that commenced on or after 15 January 1989, these repair obligations extend to the common parts of a building too, for example, entrance halls, stairs, lifts any communial area’s.
Responsibilities for common parts where a tenancy began before this date are not set out in law, but landlords still have responsibilities under the common law. Common law is the part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law.