The Defective Premises Act 1972 gives tenants, visitors, and neighbours a right to claim when a landlord's failure to maintain property causes harm.
On this page
Direct answer
The Defective Premises Act 1972, Section 4, gives landlords a duty of care to look after the homes they own. If a fault in the property harms a tenant, a visitor, or even someone next door, the landlord may be legally responsible. This law reaches some situations that Section 11 of the Landlord and Tenant Act 1985 does not.
Why this law exists
Section 11 of the Landlord and Tenant Act 1985 is the main repairs law. But it focuses on the landlord's duty to repair once they know about a problem. The Defective Premises Act works differently. It gives landlords a duty of care even if you have not formally reported that exact fault. If the landlord knew (or should have known) about the risk, and someone was harmed, they may be liable.
See also what is Section 11 and Defective Premises Act 1972 explained.
Who is protected
Section 4 of the Defective Premises Act protects:
- Tenants and the people who live with them.
- Visitors to the home, such as friends, family, or tradespeople.
- People in nearby homes affected by a fault in the landlord's building.
This is wider than Section 11, which mainly protects the tenant.
What it covers that Section 11 does not
The Defective Premises Act is most useful for:
Communal areas
You may live in a block of flats. If the shared staircase, hallway, or entrance is in disrepair and someone is hurt, the landlord (or freeholder) can be responsible under this Act. That holds even if your tenancy agreement says nothing about communal areas.
Work done badly by the landlord
A landlord may arrange a repair that a contractor does badly. If that poor work later causes harm, the Defective Premises Act can apply. For example: a boiler is repaired but not properly, and the faulty repair later causes damage or injury.
Neighbouring properties
A fault in your landlord's building may damage a neighbour's flat or house. For example, a leaking roof damages the flat below. The Defective Premises Act can give the people affected a right to claim against the landlord.
Examples of how it works in practice
- A leaking roof in a top-floor flat is left unrepaired. The water works down through the building and damages the ceiling of the flat below. The person in the lower flat can use the Defective Premises Act to claim against the landlord, even though they are not that landlord's tenant.
- A visitor slips on a broken communal stair that the landlord knew was damaged. The visitor can claim under the Defective Premises Act.
- A landlord arranges for a window frame to be replaced. The contractor fits it badly. Over time, rain gets in and causes damp and mould. The Defective Premises Act can hold the landlord responsible for the results of that poor work.
Leaseholders and the Defective Premises Act
You may be a leaseholder (you own the lease on your flat). Your freeholder has a duty under the Defective Premises Act to look after the structure of the building and the shared areas. If the freeholder neglects the roof, outside walls, or shared spaces, and this harms your flat or someone in it, you may have a claim under this Act as well as under your lease.
How it works alongside Section 11
The Defective Premises Act and Section 11 are not either-or. You can use them together. A tenant's claim might rely on Section 11 for the inside repairs, and on the Defective Premises Act for harm caused by neglected communal areas or badly done work.
If you are making a disrepair claim, your solicitor will look at both laws and use whichever gives you the strongest position.
Time limits
You have 6 years from the date the damage or harm happened to bring a claim under the Defective Premises Act. If the claim involves a personal injury (for example, you were hurt in a fall caused by a fault), the limit is 3 years. That runs from the date of the injury, or from when you realised the injury was linked to the fault.
Do not wait until you are close to the time limit before getting advice.
Getting help
If you think the Defective Premises Act applies to you, call Support for Tenants free on 0800 030 4669 or start a claim online. 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.
Free alternative: Citizens Advice and Shelter can give you free advice on your rights under housing law, including the Defective Premises Act.
Sources
- Defective Premises Act 1972, section 4 (legislation.gov.uk)
- Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 29 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
Related guides
Complete guide to housing disrepair claims in England and Wales
Everything tenants need to know about housing disrepair claims. The law, your rights, the process, evidence, compensation, deadlines, and what to do step by step.
Read
Do I need a solicitor for a housing disrepair claim?
You do not strictly need a solicitor, but doing it yourself is slow and the awards are smaller. Here is the honest comparison, and how we make the bigger route work with no upfront cost to you.
Read
What is no win, no fee? (housing disrepair, plain English)
No win, no fee explained: how it works, what comes out of your compensation, and what happens if you lose. Plain English, no jargon.
Read
Still stuck?
Call us free or start a claim online. We'll tell you honestly whether you have a case worth pursuing.