Who has to repair and maintain a leased property (the landlord or the tenant) is one of the most common questions (and disputes) in property. The answer depends mainly on what the lease says and whether it is residential or commercial. Here is a plain-English guide for England.
The starting point: read the lease
Repairing responsibility is primarily set by the terms of the lease/tenancy agreement. But for residential lets, the law imposes minimum landlord obligations that cannot be contracted out of.
Residential tenancies: landlord's statutory duties
For most residential tenancies (typically under seven years), section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for keeping in repair:
- the structure and exterior of the property (walls, roof, windows, drains); and
- the installations for the supply of water, gas, electricity, sanitation, and space/water heating.
In addition:
- the property must be fit for human habitation throughout the tenancy (Homes (Fitness for Human Habitation) Act 2018);
- landlords must meet gas safety (annual gas safety check/certificate), electrical safety (periodic inspection/EICR), and smoke and carbon-monoxide alarm requirements; and
- MEES (Minimum Energy Efficiency Standards) generally prevent letting a property below the minimum EPC rating unless a valid exemption applies.
The tenant is usually responsible for minor day-to-day care (e.g. keeping it reasonably clean, minor upkeep) and for damage they cause.
Commercial leases: it depends on the lease (often "FRI")
For commercial property, there is far more freedom of contract, and responsibility follows the lease. Many commercial leases are "full repairing and insuring" (FRI), putting the tenant in charge of keeping the premises in repair (sometimes even better than they found them), with the landlord recovering insurance costs.
- In multi-let buildings, the landlord typically maintains the common parts and structure, recovering the cost through the service charge, while tenants repair the inside of their unit.
- A schedule of condition agreed at the start can cap a tenant's repairing liability, which is valuable protection.
- At lease end, the tenant may face a dilapidations claim for failing to meet repairing/reinstatement obligations.
Safety and other duties cut across both
Regardless of who "repairs", certain safety duties apply, including fire safety, gas and electrical safety, asbestos management, and, for certain higher-risk buildings, specialist duties under the Building Safety Act 2022 (these depend on the building type and the regime in force, and are not a general repairing rule). Occupiers' liability also requires keeping visitors reasonably safe.
Practical tips
- Read the lease carefully to see who repairs what, and check for FRI terms and service charge provisions.
- Residential tenants: the landlord cannot contract out of section 11 repairs and the fitness standard, so report disrepair in writing.
- Commercial tenants: negotiate a schedule of condition and budget for dilapidations.
- Landlords: keep safety certificates up to date and respond to disrepair promptly.
Key takeaways
- Maintenance responsibility is set by the lease, but for residential tenancies section 11 LTA 1985 makes the landlord responsible for the structure, exterior and key installations (and this can't be contracted out), plus fitness and safety duties.
- Commercial leases follow the contract, often FRI, putting repair on the tenant; in multi-let buildings the landlord maintains common parts via the service charge.
- A schedule of condition can cap a commercial tenant's liability; watch dilapidations at lease end.
- Safety duties (gas, electrical, fire, MEES, Building Safety Act) apply across the board.
Sources
- Landlord and Tenant Act 1985, s 11 (landlord's repairing obligations for residential lets); Homes (Fitness for Human Habitation) Act 2018
- Gas, electrical and alarm safety regulations for rented homes; Minimum Energy Efficiency Standards (MEES); Building Safety Act 2022
- Commercial leasing practice (FRI leases; service charges; schedules of condition; dilapidations)
--- This article is general information about the law of England as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.