Scope of repairing obligations: LTA 1985 s. 13
LTA 1985 s. 13 sets rules for applying section 11 repairing duties to leases of a dwelling-house granted for a term of less than seven years.
Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years. But that is subject to subsections (1ZA) to (1ZC). In the case of a dwelling-house in Wales, section 11 does not apply if the dwelling-house is subject to an occupation contract (for provisions about repairing obligations in the case of occupation contracts, see Part 4 of the Renting Homes (Wales) Act 2016 (anaw 1) ). In this section, “ occupation contract ” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act). Section 11 does not apply to a lease of a dwelling-house in England which— was an assured tenancy immediately before the commencement date (which has the meaning given by section 146(3) of the Renters’ Rights Act 2025), and was granted— for a term of seven years or more, and by a person other than a private registered provider of social housing. Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is— a secure tenancy for a fixed term of seven years or more granted by a person within section 80(1) of the Housing Act 1985 (secure tenancies: the landlord condition), ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is a tenancy for a fixed term of more than seven years that— would be an assured tenancy if it were not for a term of more than seven years, is not a shared ownership lease, and is granted by a private registered provider of social housing. In this section — “ assured tenancy ” has the same meaning as in Part 1 of the Housing Act 1988; “ secure tenancy ” has the meaning given by section 79 of the Housing Act 1985; and “ shared ownership lease ” means a lease— granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house. In determining whether a lease is one to which section 11 applies— any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant, a lease which is determinable at the option of the lessor before the expiration of seven years from the commencement of the term shall be treated as a lease for a term of less than seven years, and a lease (other than a lease to which paragraph (b) applies) shall not be treated as a lease for a term of less than seven years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to seven years or more. This section has effect subject to— section 14 (leases to which section 11 applies: exceptions), and section 32(2) (provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 13 defines which residential tenancy agreements attract the statutory landlord repairing obligations set out in section 11. As a general rule, section 11 applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.
The provision details specific exclusions and inclusions depending on the jurisdiction and tenancy type. For instance, dwelling-houses in Wales subject to an occupation contract under the Renting Homes (Wales) Act 2016 are excluded. Specific rules also cover assured tenancies, secure tenancies, and leases granted by social housing landlords.
When determining whether a lease is for less than seven years, option clauses and break clauses are evaluated according to statutory calculation rules. Options allowing early termination by the lessor before seven years make the lease count as short, while tenant options to renew may extend the term.
When it applies
- A landlord claims a residential lease granted for a term of less than seven years frees them from statutory repair duties under section 11.
- A tenant with a break clause exercisable by the landlord before seven years seeks enforcement of statutory repairs under section 11.
- A tenant in Wales under an occupation contract checks whether section 11 applies to their tenancy agreement.
What this section does not say
- The detailed statutory repairing duties for structure, exterior, and heating installations, which are governed by section 11.
- Exceptions for specific statutory tenancies and long leases, which are covered under section 14.
- Court jurisdiction and specific performance orders for landlord repair defaults, which are dealt with in section 15 and section 17.
Related sections
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This page reproduces the text of LTA 1985 s. 13 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.