Landlords have a legal responsibility to ensure that rented properties are safe and fit for habitation. Tenants also have rights, including the right to “quiet enjoyment” under common law, which could be impacted if a property fails to meet minimum standards of repair and condition.

Recent legislative changes, including the Renters’ Rights Act 2025 and the extension of Awaab’s Law, have introduced stricter standards and repair deadlines for both social housing and privately rented properties. Here’s what landlords need to know.

Who Is Responsible for Disrepair and Safety Issues?

• Landlords must ensure properties are safe to rent. This obligation may be expressly stated in a tenancy agreement or implied by law.
• Tenants have a right to quiet enjoyment, which derives from common law rather than legislation. This right could be affected if a property does not meet minimum standards.

Key Legal Duties for Landlords

1. Section 11 of the Landlord and Tenant Act 1985
   Landlords must:
   • Keep all installations for gas, electricity, heating, hot water, water supply and sanitation in proper working order.
   • Maintain the structure and exterior of the property in repair.
     These duties cannot be excluded from a tenancy agreement.
2. Housing Act 2004
   Sets out general maintenance standards for housing conditions, enforcement action, and licensing requirements for Houses in Multiple Occupation (HMOs).
3. Homes (Fitness for Human Habitation) Act 2018
   Applies to both private and social housing. Properties must be safe, healthy and free from hazards that could cause serious harm.

Renters’ Rights Act 2025

The Act received Royal Assent on 27 October 2025 and will come into force in three phases starting 1 May 2026. It introduces the most significant reform in the private rented sector for a generation, including:

• A Decent Homes Standard
• A private rented sector database and Legal Ombudsman
• Extension of Awaab’s Law to private rentals
• Minimum Energy Efficiency Standards (MEES)
• Review of the Housing Health and Safety Regime

Awaab’s Law: Hazard Repair Deadlines

Following the tragic death of two-year-old Awaab Ishak from mould exposure, Awaab’s Law was introduced for social housing and will now apply to private rentals under the Renters’ Rights Act.

Landlords must address hazards within strict timeframes:

• Emergency health and safety hazards: Complete safety works within 24 hours of being reported.
• Significant damp and mould hazard: Complete safety works within five working days of identification.
• Investigation of damp and mould reports: Must begin within 10 working days of being reported.

Mortgage Obligations

Landlords should also consider obligations under any mortgage. Lenders typically require properties to be kept in good repair, which is reflected in loan terms.

• Lenders may insist on a full valuation report.
• Any substandard conditions may need remediation before funds are released.

Summary: Stay Ahead of the Curve

• Maintain good communication with tenants.
• Keep gas, electrical and EPC certificates up to date.
• Prepare for phased legislation and stricter compliance requirements.
• Pay extra attention during the winter months when mould and damp risks increase.

Need advice on landlord obligations or upcoming legislative changes?

Contact our Real Estate team today for expert guidance.

Upcoming Event: The Renters’ Rights Act 2025: What the Changes Mean for Landlords and Letting Agents

Join our Property Litigation specialists for a clear and practical overview of what the reforms mean in practice. The session will explain the new requirements, outline the phased implementation timetable and highlight the potential risks for non-compliance. There will also be guidance on steps that landlords and agents should be taking now in order to prepare.

• Date: 16th of April 2026
• Hosted by: Rachel Gimson, Rebecca Stubbs, Georgina Galton
• Time: 12:00pm to 1:00pm
• Location: Online Webinar

Register here