Effective ventilation is essential for maintaining a healthy living environment, particularly in kitchens and bathrooms where moisture levels are high. For surveyors and property professionals, understanding the legal implications of inadequate ventilation—especially under the Landlord and Tenant Act 1985—is key. In this article, we explore how the absence of an extractor fan might affect compliance and habitability standards.

What is Section 11 of the Landlord and Tenant Act 1985?

Section 11 of the Landlord and Tenant Act 1985 outlines the obligations landlords have to ensure their properties are in good repair. Specifically, it requires landlords to:

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

However, Section 11 does not explicitly mention extractor fans. So, does the absence of one automatically mean the landlord is in breach of their legal obligations?

How Does Section 11 Apply to Extractor Fans?

While extractor fans are not specifically named in Section 11, they can still fall under a landlord’s obligations in certain circumstances. The Act refers to the landlord’s duty to keep in repair “the installations in the dwelling-house for the supply of water, gas, electricity and for sanitation,” along with the structure and exterior.

In this light, extractor fans can be treated as part of the landlord’s repairing obligations if:

• The fan is already installed as part of the dwelling’s fixtures/fittings.
• It is reasonably required to maintain the property in a condition that meets statutory standards (e.g., preventing excessive damp, condensation, or mould).

Case law under Section 11 tends to focus on whether something is part of the “structure and exterior” or an “installation” within the meaning of the Act. Although there is no landmark case specifically dealing with extractor fans, the general principle is that if the landlord has provided or agreed to provide mechanical ventilation (such as an extractor fan), then they are obligated to keep it in proper working order.

Building Regulations: What Do They Say About Extractor Fans?

Beyond the Landlord and Tenant Act, Part F of the Building Regulations sets clear standards for ventilation in residential properties:

• Kitchens: Must have an extractor fan capable of achieving an extraction rate of 30 litres per second if installed above a hob, or 60 litres per second if wall-mounted.
• Bathrooms: Require fans with a minimum extraction rate of 15 litres per second to manage moisture effectively.

Note: These extraction rates apply specifically to intermittent extract systems, which operate as needed rather than continuously.

Non-compliance with these standards might not directly breach Section 11 but can indicate broader maintenance failings that do.

Health Implications: Why Ventilation Matters

The absence of an extractor fan can significantly increase the risk of damp and mould by allowing moisture to build up, particularly in high-humidity areas like bathrooms and kitchens. Without proper ventilation to expel humid air, condensation can settle on surfaces, creating ideal conditions for mould growth, which in turn could make a property unfit for human habitation under the Homes (Fitness for Human Habitation) Act 2018, depending on its severity.

According to the NHS, prolonged exposure to damp and mould can lead to respiratory conditions like asthma, bronchitis, and other allergic reactions. This is especially concerning for children, the elderly, and individuals with pre-existing conditions. The World Health Organization (WHO) also emphasises that maintaining indoor air quality through proper ventilation is essential for preventing respiratory infections and other health issues.

If poor ventilation leads to significant dampness or mould, tenants might have grounds to make claims under the Homes Act 2018 for breach of habitability standards, which could leave landlords facing compensation claims and legal costs.

Conclusion

While Section 11 of the Landlord and Tenant Act 1985 does not explicitly reference extractor fans, landlords still have a duty to ensure proper ventilation and address health risks like damp and mould. Existing case law and best practices indicate that if an extractor fan is installed or reasonably necessary for preventing dampness, it typically falls under the landlord’s repair obligations.

Furthermore, Part F of the Building Regulations sets clear standards for mechanical ventilation, highlighting the importance of extractor fans in both kitchens and bathrooms. Ultimately, ensuring adequate ventilation is not only a regulatory and legal requirement, but also a vital step in safeguarding tenants’ health and ensuring a property is fit for habitation.