Saracens Blog

What is the Landlord and Tenant Act 1985 all about?

The Landlord and Tenant Act 1985 sets out various rights and responsibilities of both landlords and tenants.

The Landlord and Tenant Act 1985 refers to all short leases for residential property and tenancies agreed for a period of less than seven years i.e. Assured Shorthold Tenancies. Short leases cover periodic tenancies where the tenant has no fixed term agreement but rents the property on a weekly or monthly basis.

Section 11 of the Landlord and Tenant Act 1985 sets out who is responsible for repairing a property whilst it is being rented. Under the Landlord and Tenant Act 1985 the term ‘keep in repair’ is used and requires the landlord to keep up the standard of repair or put the property in repair if it is not at the start of the tenancy.

However the Landlord and Tenant Act 1985 does not, under the repair obligations, impose a duty to effect improvements. If there is a defect in construction this will not be actionable under section 11 of the Landlord and Tenant Act 1985 as the property will not be in disrepair.

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