Repair Obligations in a Lease: Who Pays for What?

One of the most common causes of tenancy disputes is uncertainty about who is responsible for repairs and maintenance. Landlords and tenants both have legal obligations — set by statute, implied by common law, and detailed in the lease itself. Understanding who pays for what before you sign can save you from unexpected bills and disputes during and after the tenancy.

The General Division of Responsibility

Across most common-law jurisdictions, the baseline division of repair responsibility looks like this:

UK: Statutory Obligations Under the Landlord and Tenant Act 1985

In England and Wales, Section 11 of the Landlord and Tenant Act 1985 imposes mandatory repair obligations on landlords of residential tenancies under seven years. These cannot be contracted out of — any clause purporting to transfer these obligations to the tenant is void. The landlord must keep in repair:

• The structure and exterior of the dwelling
• Installations for the supply of water, gas, electricity, and sanitation
• Space heating and water heating installations

The Homes (Fitness for Human Habitation) Act 2018 further requires that properties are fit for human habitation at the start of and throughout the tenancy. Hazards covered by the Housing Health and Safety Rating System (HHSRS) — including damp, mould, fire safety, and pest infestation — are the landlord's responsibility to address.

Grey Areas: Appliances

One of the most frequently disputed areas is appliances. The general rule is:

• If the landlord supplied the appliance and it breaks down through normal use, the landlord is responsible for repair or replacement
• If the tenant caused the breakdown through misuse or negligence, the tenant may be liable
• If the tenant brought in the appliance, the tenant is fully responsible

Garden Maintenance

Garden maintenance obligations are a common source of disputes because leases are often vague about what "maintained in good order" actually means. Before signing, try to establish:

• The current state of the garden (take photographs at move-in)
• Specifically what maintenance is required (grass cutting, weeding, pruning)
• Who is responsible for trees (especially if they need professional attention)
• Whether garden equipment (lawnmower) is provided by the landlord

Condensation, Damp, and Mould

Condensation damp is a particularly contested area. Landlords sometimes attempt to blame condensation mould on "tenant lifestyle" (inadequate ventilation, excessive moisture). However, where condensation is caused by inadequate heating, poor insulation, or structural defects, the landlord is responsible. The landlord cannot simply blame the tenant for mould if the property has inadequate heating or ventilation systems. In the UK, following the death of Awaab Ishak in 2020, the government introduced Awaab's Law (Housing Act 2023), requiring social landlords to address damp and mould within strict timeframes — private landlords face similar pressure under the HHSRS.

Clauses That Attempt to Transfer Landlord Obligations to Tenants

Watch for and challenge any clause that:

• Requires the tenant to repair or maintain the structure, exterior, or services
• States the tenant is responsible for all repairs "however caused"
• Requires the tenant to carry out regular professional maintenance on boilers, heating systems, or gas appliances (the landlord's duty to maintain these cannot be transferred)
• Makes the tenant responsible for external drains or gutters

Disclaimer: This article is for informational purposes only. Repair obligations vary significantly by jurisdiction and the specific wording of your lease. Consult a qualified solicitor for advice about your specific tenancy.