What repairs are the tenant's responsibility?

Not every maintenance task in a rented home is the landlord's job. There is a category of minor, day-to-day maintenance that tenants are responsible for, either under the general law or under the terms of their tenancy agreement. Understanding the distinction helps you manage your obligations and avoid disputes about deposit deductions at the end of a tenancy.

The general legal position

Section 11 of the Landlord and Tenant Act 1985 sets out what landlords must repair. But the law also recognises that tenants have obligations. The general principle is that tenants are responsible for:

• Minor maintenance arising from their ordinary use of the property
• Damage they have caused themselves
• Not doing things that cause unnecessary wear and damage

A landlord is not responsible for repairs that result from the tenant's own actions, misuse of the property, or failure to behave in a "tenant-like manner."

The "tenant-like manner" rule

The concept of behaving in a "tenant-like manner" comes from case law. It broadly means:

• Carrying out minor day-to-day tasks a householder would normally undertake
• Not causing unnecessary damage
• Not doing things that make the property harder to repair or maintain

Practical examples of what this covers include replacing light bulbs, unblocking minor drain blockages (such as a shower drain clogged with hair), and keeping the property reasonably clean and ventilated.

Common minor repairs that are typically the tenant's responsibility

Light bulbs and batteries: Replacing bulbs and batteries in smoke or carbon monoxide alarm detectors is generally the tenant's responsibility. Some councils and housing associations will replace smoke alarm batteries, but this is above the legal minimum.

Minor drain blockages: If a basin or bath drains slowly due to a build-up of soap scum, hair, or debris, and the blockage is not in the landlord's pipes, the tenant is usually responsible for clearing it.

Replacing tap washers: Basic tap maintenance, such as replacing washers to fix a dripping tap, is sometimes listed in tenancy agreements as the tenant's responsibility. However, if the taps are defective in a way that goes beyond a simple washer replacement, the landlord may have a duty to repair.

Garden maintenance: If your tenancy agreement requires you to maintain the garden, keeping the lawn mowed, weeds cleared, and the garden tidy is a tenant obligation. However, major landscaping, tree surgery, or structural work to garden walls or fences is typically the landlord's responsibility.

Minor cosmetic touch-ups: Small scuffs, minor marks, and fair wear and tear at the end of a tenancy are not things you are expected to repair. But large holes in walls, extensive repainting needed because of your own damage, or staining beyond normal use may be deducted from your deposit.

What is NOT the tenant's responsibility

It is important to be clear about what falls on the landlord even though tenants sometimes wrongly accept it:

• Structural repairs: Any repair to the structure of the building, roof, walls, foundations, windows, is the landlord's responsibility
• Boiler and heating maintenance: The landlord must maintain and repair the heating and hot water system; the tenant does not have to maintain the boiler
• Plumbing failures: A leak, burst pipe, or serious drainage problem is the landlord's responsibility once reported
• Electrical faults: Defective wiring, failing sockets, or electrical safety issues are the landlord's responsibility
• Damp and mould from structural causes: If damp or mould is caused by a defect in the building, not by the tenant's ventilation habits, it is the landlord's duty to fix the root cause

What if your tenancy agreement says otherwise?

Some tenancy agreements try to impose more extensive obligations on tenants, or to exclude the landlord's statutory duties. In many cases these clauses are unenforceable. A clause that attempts to transfer the landlord's Section 11 duty to the tenant, such as requiring the tenant to repair the boiler, is not legally binding.

If your tenancy agreement includes unusual repair responsibilities, take advice before accepting them.

When should I contact Support for Tenants?

If you are unsure whether something is your responsibility or your landlord's, or if your landlord is wrongly refusing to carry out a repair they are legally obliged to do, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)

Related articles

• What is Section 11?
• What Section 11 does not cover