LTA 1985 s. 12

Landlord repair limits are void under LTA 1985 s. 12

Under LTA 1985 s. 12, lease terms excluding or limiting landlord repairing obligations under section 11 are void unless authorised by the county court.

Official text LTA 1985 s. 12 — United Kingdom

A covenant or agreement, whether contained in a lease to which section 11 applies or in an agreement collateral to such a lease, is void in so far as it purports— to exclude or limit the obligations of the lessor or the immunities of the lessee under that section, or to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of his enforcing or relying upon those obligations or immunities, unless the inclusion of the provision was authorised by the county court. The county court may, by order made with the consent of the parties, authorise the inclusion in a lease, or in an agreement collateral to a lease, of provisions excluding or modifying in relation to the lease, the provisions of section 11 with respect to the repairing obligations of the parties if it appears to the court that it is reasonable to do so, having regard to all the circumstances of the case, including the other terms and conditions of the lease.

Text in force at .

Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.

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What it actually says

Section 12 is short and it is the reason section 11 cannot be drafted around. Any covenant or agreement, whether in the lease itself or in an agreement collateral to it, is void so far as it purports to exclude or limit the landlord's obligations or the tenant's immunities under section 11 - or to authorise forfeiture, or impose any penalty, disability or obligation on the tenant, in the event of the tenant enforcing or relying on those obligations. So a clause saying the tenant is responsible for the boiler, or that the tenant accepts the property in its present state, or that the tenancy may be ended if the tenant complains about repairs, has no effect to that extent.

The only way out is subsection (2): the county court may, by an order made with the consent of the parties, authorise the inclusion of provisions excluding or modifying section 11, if it appears to the court reasonable to do so having regard to all the circumstances, including the other terms and conditions of the lease. Both elements matter - it must be a court order, and it must be made with the parties' consent. A private agreement between landlord and tenant, however clearly worded and however willingly signed, does not qualify.

What section 12 voids is only the part of the clause that offends. A tenancy term making the tenant responsible for internal decoration or for a garden survives; a term making the tenant responsible for the drains does not.

When it applies

  • A tenancy agreement stating that the tenant is responsible for the boiler, the plumbing or the roof.
  • A clause saying the tenant takes the property as seen and waives any repair claim.
  • A landlord threatening to end the tenancy because the tenant reported disrepair.
  • A side letter signed at the start of the tenancy in which the tenant agreed to do the repairs in exchange for lower rent.
  • A landlord relying on a clause requiring the tenant to pay towards the landlord's repair costs.

What this section does not say

  • It does not void the whole tenancy agreement, or even the whole clause - only the part that excludes or limits the section 11 obligations.
  • It does not touch obligations outside section 11. Terms about decoration, cleaning, gardens or the tenant's own appliances are unaffected.
  • It does not make the tenant's agreement irrelevant to everything: a tenant can still be liable for damage they caused, and for failing to use the premises in a tenant-like manner.
  • The escape route is not agreement between the parties. Only a county court order, made with the parties' consent and considered reasonable by the court, can authorise an exclusion.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

A tenancy agreement states that all repairs to heating and plumbing are the tenant's responsibility. The boiler has failed. The landlord's position is simply that the tenant read the agreement and signed it.

How the wording applies

Section 12 makes void any covenant or agreement so far as it purports to exclude or limit the landlord's section 11 obligations, and it does not matter how clearly it was drafted or how willingly it was signed. The only escape is subsection (2), and the fact that decides it is whether a county court has made an order, with the parties' consent, authorising the exclusion - a private agreement, however explicit, does not qualify.

How the parties settled it

The landlord accepts responsibility for the boiler and arranges the repair; the parties sign a short variation removing the clause, and the tenant remains responsible for the cooker and washing machine as before.

Illustrative example

At the start of a tenancy the tenant signed a side letter agreeing to do minor repairs themselves in exchange for a lower rent. Two years on, a leak under the sink has damaged the floor and the landlord relies on the letter.

How the wording applies

Subsection (1) reaches agreements collateral to the lease as well as terms in it, so a side letter is not a way round section 11. What section 12 voids is only the offending part, which is why the fact to isolate is which items in the letter touch the section 11 list - sanitation and water installations do, so those fall away, while an agreement about decorating or the garden is untouched.

How the parties settled it

The landlord takes back responsibility for plumbing and heating from the date of the leak and repairs the floor; the side letter continues to apply to decoration and garden maintenance, with the reduced rent unchanged.

Related sections

LTA 1985 s. 11 Repair structure, exterior, installations – LTA 1985 s.11 LTA 1985 s. 9A Fitness for human habitation: LTA 1985 s. 9A LTA 1985 s. 17 Court may order specific performance – LTA 1985 s. 17

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of LTA 1985 s. 12 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.

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