Under an Assured Shorthold Tenancy (AST), a landlord must 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 are imposed by Section 11 of the Landlord and Tenant Act 1985 and cannot be contracted away. Since 2018, the Homes (Fitness for Human Habitation) Act has extended this further: the property must remain fit to live in throughout the tenancy, or a tenant can sue in the County Court. This article sets out exactly what those obligations cover, which statutory compliance requirements sit alongside them, and where tenant responsibility begins.
What Is an Assured Shorthold Tenancy and Why It Defines Repair Obligations
An Assured Shorthold Tenancy is the default form of residential tenancy in England for private rentals. It arises automatically where a private landlord lets a dwelling at a market rent to individual tenants who occupy it as their only or principal home, and where the annual rent is between £1,000 and £100,000. The AST framework, governed by the Housing Act 1988 (as amended by the Housing Act 1996), gives tenants security of occupation during the fixed term and defines notice procedures — Section 21 (no-fault possession) and Section 8 (fault-based). Critically, the AST framework does not define repair obligations on its face; those come from separate legislation that applies automatically to all qualifying tenancies. A landlord cannot use the tenancy agreement to reduce or remove the statutory repairing duties that Parliament has imposed.
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. 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 AST 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: since 1 July 2020, 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 proposed raising this to a minimum C rating for new tenancies by 2028.
Tenant Responsibilities, Fair Wear and Tear, and Dispute Resolution
Tenants under an AST 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.