One of the key distinctions in the Housing Condition/Disrepair field is that of ‘Repairs’ and ‘Improvements’.

We know from section 11 of the Landlord and Tenant Act 1985, that a landlord must:

• Keep in repair the structure and exterior of the dwelling.
• Keep in repair and proper working order the installations for the supply of water, gas, electricity, sanitation, space heating, and heating water.

Over time, the courts have been distinguishing between this ‘repair’ obligation and anything that would just be considered an ‘improvement’ on the property’s current condition—i.e. over and above the repair obligation. The key difference being that landlords are not obliged to carry out ‘improvements’.

However, if a design defect or inherent feature of the property has led to an actual state of disrepair—for instance, recurring damp or water penetration—the landlord may well have to carry out works that could be labelled “improvements” if those works are necessary to remedy the actual disrepair and prevent its recurrence.

Key Case Law

Sarre v Mears [1984] 2 EGLR 77

• Facts: The property had no damp-proof course, causing a chronic damp issue.
• Principle: The absence of a damp-proof course led to real disrepair. The court held that if such absence causes damage like rotten timber or structural damp, the landlord must take steps to rectify the disrepair—even if it requires installing a damp-proof course.

Ravenseft Properties Ltd v Davstone (Holdings) Ltd [1980] QB 12

• Facts: A cavity wall design defect allowed water to penetrate and damage the structure.
• Principle: Even if caused by a design flaw, resulting disrepair must be remedied. Design defects leading to disrepair fall within the repair obligation.

Post Office v Aquarius Properties Ltd [1987] 1 All ER 1055

• Facts: Water ingress was caused by a structural defect or design flaw.
• Principle: Repairing covenants may require structural works to resolve issues that, if unaddressed, constitute disrepair. “Patch-ups” are not always sufficient.

McGreal v Wake [1984] QB 156

• Facts: A tenant claimed that damp from an inherent design defect led to plaster and decoration deterioration.
• Principle: Even if not a binding precedent, this case supports the idea that landlords must address defects causing physical deterioration—even if this means performing what looks like an “improvement.”

Weatherbars

Case law and guidance often reference the installation of weatherbars to prevent water ingress at door thresholds. While no Court of Appeal ruling specifically mandates them, it is widely accepted that installing a weatherbar can fall under the landlord’s s.11 obligation if water ingress is causing disrepair. If it's the only effective solution, it's not merely an “improvement”—it’s a necessary repair.

Practical Guidance from These Cases

Landlords have a duty to cure the root cause of dis

repair. Courts reject superficial “patch repairs” where design or structural flaws will continue to cause damage. Works that may seem like upgrades are required if they are the only way to eliminate the disrepair.

These cases do not require landlords to modernise properties or rectify every flaw—only those that cause physical deterioration. If issues like rot, damp, or structural movement arise due to missing or inadequate features, the landlord must address them appropriately.

Recurring damp is a recurring theme. If issues persist due to structural limitations—e.g., no damp-proof course or poor sealing—the landlord must take necessary measures to prevent recurrence.

As always, notice is key: landlords must have actual or constructive notice of the problem for the repair obligation to be triggered, unless they retain control and should be aware of the issue.

Conclusion

Section 11 of the Landlord and Tenant Act 1985 does not impose a blanket duty to improve dwellings. However, where inherent defects have caused actual disrepair, landlords must take whatever steps are necessary to resolve that disrepair—even if the works appear to be improvements.

The courts have made clear: “keep in repair” may involve adding a damp-proof course, fitting weatherbars, or improving drainage—provided these are essential to stop physical deterioration and restore the property to proper condition.