The Landlord and Tenant Act 1985: a brief guide

The Landlord and Tenant Act 1985 is a cornerstone piece of legislation for social housing landlords and is one of the documents we most often revisit.  

This Act lays down essential rights and obligations that govern the relationship between landlords and tenants, ensuring that housing standards are maintained, and tenants are treated fairly.  

For social housing landlords, understanding the intricacies of this Act is not just a legal requirement but also a practical necessity for managing properties effectively and avoiding potential disputes. 

The Act covers several key areas of the landlord-tenant relationship, including repair obligations, the provision of information, service charges, and tenant consultation. These provisions are particularly relevant for social housing landlords who are often responsible for a large number of properties and have a duty to ensure that these properties meet certain standards. 

The easiest way to manage your compliance with the Act is through an experienced and qualified solicitor, but here’s a brief overview of what it encompasses.  

Your repair obligations 

Under Section 11 of the Act, landlords have a statutory duty to keep the structure and exterior of the dwelling in repair.  

This includes ensuring that: 

• The foundations, walls, roofs, drains, gutters, and external pipes are maintained. 

• Installations for the supply of water, gas, electricity, and sanitation are kept in proper working order. 

• Installations for space heating and heating water are in good repair. 

This duty applies to the structure and exterior of the building and to any parts of the building in which the landlord retains an interest, such as common areas in blocks of flats.  

The landlord’s obligations extend to repairing any damage caused by their failure to maintain these installations, even if the tenant is responsible for the initial damage. 

It is important to note that these obligations cannot be contracted out of or avoided by inserting contrary provisions in the Tenancy Agreement.  

Therefore, social housing landlords must ensure that their properties are regularly inspected and maintained to comply with these statutory duties. 

The provision of information 

Social housing landlords must provide tenants with certain information under the Act. For instance, Section 3 requires landlords to provide their name and address to tenants. If the landlord is a company, they must also provide the address of their registered office. 

This information must be given to the tenant within 21 days of a written request and failure to provide this information can result in a fine.  

It is, therefore, advisable for social housing landlords to ensure that this information is readily available and provided promptly upon request. 

Service charges 

Service charges are another critical area covered by The Landlord and Tenant Act 1985.  

Social housing landlords often require tenants to contribute towards the cost of maintaining communal areas and services, such as lifts, gardens, and cleaning services. 

Under Sections 18 to 30 of the Act, service charges must be reasonable, and landlords must provide a breakdown of these charges if requested.  

Tenants have the right to request a summary of the costs incurred and, in some cases, to inspect relevant accounts, receipts, and other documents. This transparency is crucial in maintaining trust between landlords and tenants. 

In addition, landlords must consult tenants before carrying out major works or entering into long-term agreements that will result in service charges. The consultation process, often referred to as a “Section 20 consultation,” is designed to give tenants a say in the management of their homes and to ensure that the costs incurred are reasonable. Beyond service charge consultations, the Act also emphasises the importance of tenant involvement in decision-making processes.  

Under Section 20ZA, social housing landlords must consult tenants before making any significant changes to the management or maintenance of their properties. This requirement is particularly relevant in the context of housing associations or local authorities managing large estates. Failure to consult tenants appropriately can result in the landlord being unable to recover some or all of the costs associated with the works or services. You should, therefore, have clear procedures in place to ensure that tenant consultations are carried out in compliance with the Act. 

A tenant’s right to manage 

The Act also provides tenants with a “Right to Manage” under certain conditions.  

This allows tenants, through a Right to Manage company, to take over the management of their block of flats from the landlord. While this right is more commonly associated with private leaseholders, it can also apply to social housing tenants in certain circumstances. 

For social housing landlords, it is essential to be aware of this potential right and to understand the conditions under which tenants might seek to exercise it.  

Ensuring that management standards are consistently high and that tenants are involved in decision-making processes can help prevent the need for tenants to seek alternative management arrangements. 

Enforcement and penalties 

The Landlord and Tenant Act 1985 also sets out enforcement mechanisms and penalties for non-compliance.  

Tenants have the right to take legal action against landlords who fail to meet their obligations under the Act. This can include seeking damages, injunctions, or specific performance orders requiring the landlord to carry out repairs. For social housing landlords, the reputational and financial costs of non-compliance can be significant.  

It is, therefore, crucial to ensure that all obligations under the Act are met and that any issues raised by tenants are addressed promptly and effectively. 

Practical steps for social housing landlords 

To ensure compliance with the Landlord and Tenant Act 1985, social housing landlords should consider the following practical steps: 

• Regular inspections: carry out regular inspections of properties to identify and address any repair issues promptly. 

• Clear communication: ensure that tenants are provided with all required information and that communication channels are open and effective. 

• Service charge transparency: maintain clear and accurate records of all service charges and provide tenants with detailed breakdowns when requested. 

• Tenant consultation: develop and implement robust tenant consultation procedures, particularly for major works or changes to management practices. 

• Legal compliance: stay informed about any changes to the law and ensure that all practices and procedures are updated accordingly. 

By adhering to these steps and maintaining a thorough understanding of The Landlord and Tenant Act 1985, you can effectively manage your properties, meet your legal obligations, and foster positive relationships with your tenants.