Your legal obligations as a York landlord. Section 11, Fitness for Habitation, Awaab's Law explained in plain English.
Section 11 implies a covenant into every residential tenancy of less than 7 years: the landlord shall keep in repair the structure and exterior of the dwelling-house, including the roof. This applies regardless of what your tenancy agreement says — you cannot contract out of section 11. "Repair" means maintaining the property in substantially the same condition as at the start of the tenancy. It does not require improvement, but it does require you to fix things that break, wear out, or fail — including every component of the roof system: tiles, flashings, membrane, battens, rainwater goods, and chimneys.
Since March 2019, all residential tenancies include an implied term that the property is fit for human habitation at the start and throughout the tenancy. A leaking roof that causes persistent damp and mould growth can render a property unfit under the 29 prescribed hazards of the Housing Health and Safety Rating System. The Act gives tenants the right to take direct court action — they do not need to go through the council first. Damages can be substantial. The cost of a £500 roof repair is always less than the cost of a court-ordered compensation payment.
Awaab's Law was introduced following the death of Awaab Ishak from mould exposure in social housing. The legislation sets strict response timescales for hazards including damp and mould. Under the Renters' Rights Act, these requirements are being extended to the private rented sector. Landlords must investigate reported hazards within 14 days and begin repairs within a further 7 days. For emergency hazards — which includes a significant roof leak causing water ingress — the repair must be made safe within 24 hours. These are legal timescales, not guidelines.
A tenant can withhold rent into a dedicated account, take direct court action for damages and repair orders, or report to the council for an HHSRS inspection. Environmental Health can serve improvement notices and prohibition orders. Persistent non-compliance can result in prosecution, civil penalties up to £30,000, or banning orders. Rent repayment orders can claw back up to 12 months of rent. The legal cost of ignoring a roof repair request far exceeds the cost of the repair itself.
Document everything. Keep written records of every tenant report, your response, inspection findings, and repairs carried out. Dated photographs before and after work are your best evidence in any dispute.
Respond promptly. Acknowledge every report in writing within 24 hours. Arrange inspection within 48–72 hours. Emergency leaks: arrange make-safe within 24 hours — call 0190 459 3302 for 2-hour emergency response across York.
Use qualified contractors. NFRC-registered roofers with public liability insurance. Written, itemised quotes. Written guarantees. VAT invoices for tax records. We provide all of this as standard.
Between tenancies: a void-period roof survey documents the condition at tenancy start — invaluable evidence if disrepair claims arise. We provide survey reports with photographs from £150.
Key Fact: Under section 11(6) of the Landlord and Tenant Act 1985, landlords must give tenants 24 hours' written notice before entering for non-emergency repairs. Emergency access does not require notice but should be communicated as soon as practicable.
Source: Landlord and Tenant Act 1985, section 11(6)
Last reviewed: 2026-08-20
Priority response, documented repairs, VAT invoices for records.
0190 459 3302