Can a landlord still use a Section 21 notice?

No. Section 21 was abolished on 1 May 2026 under the Renters' Rights Act 2025. Landlords can only recover possession through Section 8, using one of the prescribed grounds. Existing assured shorthold tenancies converted to assured periodic tenancies on that date.

Can a landlord include a clause in an assured tenancy making the tenant responsible for all repairs?

No. Section 12 of the Landlord and Tenant Act 1985 makes any clause that purports to exclude or restrict the landlord's obligations under Section 11 void. The statutory repairing duties apply regardless of what the tenancy agreement says.

How quickly must a landlord respond to a repair request under an assured tenancy?

The law requires a "reasonable time." In practice, the courts and local authorities treat emergencies (no heating in winter, water ingress, security breach) as requiring same-day or next-day response. Routine repairs should be completed within 14-28 days. Urgent safety issues identified in an EICR must be resolved within 28 days (or sooner if C1-rated).

What does an EICR check and how often is it required for rented properties?

An Electrical Installation Condition Report (EICR) assesses the condition of all fixed electrical wiring, consumer units, sockets, switches, and earthing in the property. It must be carried out every five years by a qualified electrician. New tenants must receive a copy before moving in. The report codes faults as C1 (immediate danger: requires action within 28 days), C2 (potentially dangerous: 28 days), or C3 (recommendation only).

Does the Homes (Fitness for Human Habitation) Act 2018 apply to existing tenancies?

Yes. Since 20 March 2020 it applies to all private rented tenancies in England, including those that started before the Act came into force. A tenant can bring a County Court claim if the property is unfit for human habitation, even if the tenancy pre-dates the Act.

What is the minimum EPC rating a rented property must have?

Since April 2020, all privately rented properties in England must hold a valid EPC with a minimum rating of E. Properties rated F or G cannot be legally let and the landlord faces a civil penalty of up to £4,000. The government has proposed requiring new tenancies to achieve a minimum C rating by 2028.

Who is responsible for garden maintenance under an assured tenancy?

Garden maintenance is generally the tenant's responsibility under an assured tenancy unless the agreement explicitly states otherwise. However, the landlord must maintain boundary fences and structural garden features (retaining walls, garden gates forming part of the property boundary) as part of the exterior of the dwelling under Section 11.

Assured Tenancy (Formerly AST): Landlord Repair Obligations

Since 1 May 2026, most private tenancies in England are assured periodic tenancies. The Renters' Rights Act 2025 abolished the assured shorthold tenancy (AST) and Section 21 'no-fault' evictions, and existing ASTs converted automatically. A landlord's repair duties did not change: they must still maintain the structure and exterior of the property, all heating and hot water installations, gas and electrical systems, and sanitation, regardless of what the tenancy agreement says. These duties come from Section 11 of the Landlord and Tenant Act 1985 and cannot be contracted away, and the Homes (Fitness for Human Habitation) Act 2018 requires the property to remain fit to live in throughout the tenancy. FixWell's landlord property maintenance service and between-tenancy preparation are designed to help Salisbury landlords meet these statutory obligations.

What Replaced the Assured Shorthold Tenancy, and Why Repair Duties Did Not Change

Until 30 April 2026 the assured shorthold tenancy (AST) was the default form of private tenancy in England. The Renters' Rights Act 2025 abolished it with effect from 1 May 2026. Existing ASTs, including fixed-term ones, became assured periodic tenancies, and new tenancies are periodic from the start with no fixed end date. Section 21 'no-fault' possession has gone: a landlord can now only recover possession through Section 8, by proving one of the prescribed grounds, such as serious rent arrears, antisocial behaviour, or (with four months' notice, and not in the first 12 months of a tenancy) the landlord or a family member needing to move in or the property being sold. Tenants can end a tenancy by giving two months' notice. The tenancy framework is still governed by the Housing Act 1988 (as amended), but it does not define repair obligations on its face; those come from separate legislation that applies automatically to every qualifying tenancy. A landlord cannot use the tenancy agreement to reduce or remove the statutory repairing duties that Parliament has imposed. Transitional rules apply to some notices served before 1 May 2026, so check current GOV.UK guidance or take legal advice on a specific case.

Section 11 of the Landlord and Tenant Act 1985: Precise Legal Scope

Section 11 applies to all residential tenancies granted for a term of less than seven years, which includes assured periodic tenancies. It requires the landlord to keep in repair and proper working order: (1) the structure and exterior of the dwelling, including walls, roof, foundations, external doors, windows, window frames, and external pipes and drains; (2) installations for the supply of water, gas, and electricity, and for sanitation, including basins, sinks, baths, toilets, and drainage; (3) installations for space heating and water heating. The obligation to "keep in repair" means the landlord must restore the element to a condition of proper working order if it falls below that standard. It does not require the landlord to improve the property beyond its existing standard. Section 11 does NOT cover: the tenant's own fittings and decorations; damage caused by the tenant; external features the landlord does not own; or anything beyond the dwelling itself. Attempts to exclude or restrict Section 11 by a tenancy agreement clause are void under Section 12.

The Homes (Fitness for Human Habitation) Act 2018: Extended Obligations

The Homes (Fitness for Human Habitation) Act 2018, which amends the Landlord and Tenant Act 1985, requires that a rented property be fit for human habitation at the time the tenancy is granted and throughout the tenancy. The Act uses the 29 hazard categories of the Housing Health and Safety Rating System (HHSRS) as its baseline: these include damp and mould growth, excess cold (a property that cannot maintain 18°C in living areas), structural instability, electrical hazards, entry by intruders, falling on stairs or between levels, and fire. The practical impact is significant: even if a fault does not fall neatly under Section 11 (for example, severe condensation mould caused by inadequate ventilation), a tenant can now bring a claim under the 2018 Act. Tenants can apply to the County Court for an injunction compelling the landlord to carry out works, and/or for damages. The Act applies to all tenancies created on or after 20 March 2019; from 20 March 2020 it covers all existing tenancies.

Statutory Compliance: Gas, Electrical Inspections, and Energy Performance

Alongside the repairing obligations, three compliance requirements apply to privately rented properties. Gas safety: the Gas Safety (Installation and Use) Regulations 1998 require landlords to have all gas appliances and flues checked annually by a Gas Safe registered engineer. The resulting Gas Safety Certificate (CP12) must be provided to existing tenants within 28 days of the check and to new tenants before they move in. Failure is a criminal offence. Electrical safety: from 1 July 2020 for new tenancies and 1 April 2021 for existing tenancies, all private rented properties in England must have an Electrical Installation Condition Report (EICR) carried out by a qualified electrician at least every five years. The EICR must be provided to tenants within 28 days of completion and to the local authority on request. Any remedial work coded C1 (immediate danger) or C2 (potentially dangerous) must be completed within 28 days. Energy performance: since April 2018 (new tenancies) and April 2020 (all tenancies), private rented properties must achieve a minimum EPC rating of E. Properties rated F or G cannot be legally let. The government has consulted on raising the minimum rating in future, so check the current requirement on GOV.UK before letting.

Tenant Responsibilities, Fair Wear and Tear, and Dispute Resolution

Tenants under an assured tenancy are responsible for: using the property in a tenant-like manner (keeping it clean and ventilated, not causing deliberate or negligent damage); reporting defects to the landlord promptly in writing; carrying out minor maintenance that falls within ordinary use (replacing light bulbs, unblocking drains caused by their own use); and carrying out any specific repairs they have expressly agreed to in the tenancy agreement. The concept of "fair wear and tear" means that normal deterioration from ordinary use (minor scuffs on walls, worn carpet in high-traffic areas, faded paintwork) cannot be charged to a tenant's deposit. Damage beyond this threshold can be. Deposit disputes are resolved through the adjudication process of the relevant deposit protection scheme (Tenancy Deposit Scheme, Deposit Protection Service, or MyDeposits). For repair disputes, tenants can report non-compliance to Wiltshire Council's Environmental Health team, who can serve an Improvement Notice under the Housing Act 2004. Where a landlord in Salisbury needs reliable contractors to meet these obligations on time, FixWell Services provides fully insured property maintenance across the city and surrounding villages.

Why Repair Records Matter More Now That Section 21 Has Gone

With no-fault possession abolished, a landlord who wants a property back must prove a Section 8 ground, and contested cases are decided by a court. Disputes over repairs, deposits and tenant complaints often sit alongside those cases. Dated condition reports, photographs and repair invoices show that defects were reported, attended to and resolved within a reasonable time. FixWell Services provides a written job note after each visit to a rental property, which landlords and agents can keep with the tenancy file.

Assured Tenancy Landlord Maintenance Obligations (Formerly Assured Shorthold Tenancy)