The difference between repairs and improvements: what your landlord must do

One of the most common disputes between landlords and tenants is whether the work that needs doing is a repair (which the landlord must carry out) or an improvement (which the landlord does not have to do). Understanding the difference matters, it affects what you can demand and what you can claim if the landlord refuses.

What is a repair?

A repair restores something to its previous condition. If part of the property has deteriorated, broken, or failed, fixing it is a repair. Your landlord must carry out repairs to:

• The structure and exterior of the property (roof, walls, floors, windows, external doors)
• Heating and hot water installations
• Drains, gutters, and external pipes
• Toilets, baths, sinks, and basins
• Gas and electricity supplies

This duty comes from section 11 of the Landlord and Tenant Act 1985 and applies to most private and social rented homes in England.

Examples of repairs:

• Fixing a leaking roof to stop water coming in
• Replacing a broken boiler so the heating works again
• Repairing a cracked external wall that is allowing water in
• Fixing a broken window that no longer closes properly
• Repairing a failed damp-proof course

What is an improvement?

An improvement makes something better than it was before, upgrading or adding to the property rather than restoring it. Landlords are generally not obliged to improve the property.

Examples that are usually considered improvements:

• Installing double glazing where there was single glazing before
• Adding a new bathroom or kitchen where the old one was functional
• Installing central heating in a property that only had electric heaters
• Adding insulation to a property that had none

Where the line blurs

In practice, the distinction between repair and improvement is not always clear. Some scenarios to consider:

Like-for-like is not always possible: if the original materials are no longer available or are no longer considered adequate (for example, single-glazed window frames that can no longer be repaired), the landlord may need to install something slightly better. Courts have held that the standard of repair required is not to bring the property to a higher standard than it had before, but the landlord cannot use the impossibility of like-for-like repair as a reason to do nothing.

Energy efficiency improvements: the Minimum Energy Efficiency Standards require landlords of the lowest-rated privately rented properties to make improvements. This creates a limited duty to improve energy efficiency in certain circumstances.

The Homes (Fitness for Human Habitation) Act 2018: if a property is unfit to live in because of its condition, including cold, damp, or structural problems, the landlord may need to carry out work that goes beyond simple repair and brings the property up to a habitable standard. This can blur the line between repair and improvement.

HHSRS assessment: if the council's environmental health team assesses a property and finds a category 1 hazard, the council can require the landlord to remedy it. The required action may involve improvements as well as repairs.

What if the landlord says the work is an improvement, not a repair?

If your landlord refuses to carry out work you believe is a repair, by characterising it as an improvement they are not required to carry out, you can:

• Report the problem to the council's environmental health team, who can make an independent assessment
• Seek legal advice about a housing disrepair claim
• Ask an independent surveyor to assess the property

When should I contact Support for Tenants?

If your landlord is refusing to carry out work you believe is their responsibility, you may have a housing disrepair claim.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Housing Health and Safety Rating System (HHSRS) guidance (GOV.UK)

Related articles

• How to report disrepair to your landlord
• HHSRS Category 1 hazard explained
• What is the Fitness for Human Habitation Act?