Landlord and Tenant Act 1985
If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to— that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
any person who demands, or the last person who received, rent payable under the tenancy, or
any other person for the time being acting as agent for the landlord, in relation to the tenancy,
A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
In this section and section 2—
“tenant” includes a statutory tenant; and
“landlord” means the immediate landlord.
Where a tenant is supplied under section 1 with the name and address of his landlord and the landlord is a body corporate, he may make a further written request to the landlord for the name and address of every director and of the secretary of the landlord.
The landlord shall supply the tenant with a written statement of the information requested within the period of 21 days beginning with the day on which he receives the request.
A request under this section is duly made to the landlord if it is made to— and any such agent or person to whom such a request is made shall forward it to the landlord as soon as may be.
an agent of the landlord, or
a person who demands the rent of the premises concerned:
A landlord who, without reasonable excuse, fails to comply with a request under this section, and a person who, without reasonable excuse, fails to comply with a requirement imposed on him by subsection (3), commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.
If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—
the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and
a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.
A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
In this section—
“tenancy” includes a statutory tenancy, and
references to the assignment of the landlord’s interest include any conveyance other than a mortgage or charge.
The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.
In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when— whichever happens first.
notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or
notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord,
Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if— the landlord shall give also notice in writing to the tenant to the following effect.
the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and
the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied,
The notice shall state—
that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied;
that the tenant (together with other qualifying tenants) may have the right under that Part—
to obtain information about the disposal, and
to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and
the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part).
A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
Where a tenant has a right to occupy premises as a residence in consideration of a rent payable weekly, the landlord shall provide a rent book or other similar document for use in respect of the premises.
Subsection (1) does not apply to premises if the rent includes a payment in respect of board and the value of that board to the tenant forms a substantial proportion of the whole rent.
In this section and sections 5 to 7—
“tenant” includes a statutory tenant and a person having a contractual right to occupy the premises; and
“landlord”, in relation to a person having such a contractual right, means the person who granted the right or any successor in title of his, as the case may require.
This section does not apply to occupation contracts within the meaning of section 7 of the Renting Homes (Wales) Act 2016 (anaw 1).
A rent book or other similar document provided in pursuance of section 4 shall contain notice of the name and address of the landlord of the premises and—
if the premises are occupied by virtue of a restricted contract, particulars of the rent and of the other terms and conditions of the contract and notice of such other matters as may be prescribed;
if the premises are let on or subject to a protected or statutory tenancy or let on an assured tenancy within the meaning of Part I of the Housing Act 1988, notice of such matters as may be prescribed.
If the premises are occupied by virtue of a restricted contract or let on or subject to a protected or statutory tenancy or let on an assured tenancy within the meaning of Part I of the Housing Act 1988, the notice and particulars required by this section shall be in the prescribed form.
In this section “prescribed” means prescribed by regulations made by the Secretary of State, which—
may make different provision for different cases, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where the landlord of premises to which section 4(1) applies (premises occupied as a residence at a weekly rent) is a company, and the tenant serves on the landlord a request in writing to that effect, the landlord shall give the tenant in writing particulars of the name and address of every director and of the secretary of the company.
A request under this section is duly served on the landlord if it is served— and a person on whom a request is so served shall forward it to the landlord as soon as may be.
on an agent of the landlord named as such in the rent book or other similar document, or
on the person who receives the rent of the premises;
If the landlord of premises to which section 4(1) applies (premises occupied as a residence at a weekly rent) fails to comply with any relevant requirement of— section 4 (provision of rent book), section 5 (information to be contained in rent book), or section 6 (information to be supplied by companies), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
If a person demands or receives rent on behalf of the landlord of such premises while any relevant requirement of— section 4 (provision of rent book), or section 5 (information to be contained in rent book), is not complied with, then, unless he shows he neither knew nor had reasonable cause to suspect that any such requirement had not been complied with, he commits a summary offence and is liable to a fine not exceeding level 4 on the standard scale.
If a person fails to comply with a requirement imposed on him by section 6(2) (duty to forward request to landlord), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
If a default in respect of which— continues for more than 14 days after the conviction, the landlord or other person commits a further offence under that subsection in respect of the default.
a landlord is convicted under subsection (1), or
another person is convicted of an offence under subsection (3),
In a contract to which this section applies for the letting of a house in Wales for human habitation there is implied, notwithstanding any stipulation to the contrary—
a condition that the house is fit for human habitation at the commencement of the tenancy, and
an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies to a contract if—
the rent does not exceed the figure applicable in accordance with the subsection (4), and
the letting is not on such terms as to the tenant’s responsibility as are mentioned in subsection (5).
The rent limit for the application of this section is shown by the following Table, by reference to the date of making of the contract and the situation of the premises: Date of making of contract Rent limit Before 31st July 1923. In London: £40. Elsewhere: £26 or £16 (see Note 1). On or after 31st July 1923 and before 6th July 1957. In London: £40. Elsewhere: £26. On or after 6th July 1957. In London: £80. Elsewhere: £52. NOTES
“local housing authority” has the meaning given by section 1 of the Housing Act 1985;
This section does not apply if the contract is an occupation contract (for provisions about the condition of dwellings that are subject to an occupation contract, 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).
This section does not apply where a house is let for a term of three years or more (the lease not being determinable at the option of either party before the expiration of three years) upon terms that the tenant puts the premises into a condition reasonably fit for human habitation.
In this section “house” includes—
a part of a house, and
any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.
Where under the contract of employment of a worker employed in agriculture the provision of a house for his occupation forms part of his remuneration and the provisions of section 8 (implied terms as to fitness for human habitation) are inapplicable by reason only of the house not being let to him—
there are implied as part of the contract of employment notwithstanding any stipulation to the contrary, the like condition and undertaking as would be implied under that section if the house were so let, and
the provisions of that section apply accordingly, with the substitution of “employer” for “landlord” and such other modifications as may be necessary.
This section does not affect any obligation of a person other than the employer to repair a house to which this section applies, or any remedy for enforcing such an obligation.
In this section “house” includes—
a part of a house, and
any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.
In determining for the purposes of this Act whether a house or dwelling is unfit for human habitation, regard shall be had to its condition in respect of the following matters— repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; in relation to a dwelling in England, any prescribed hazard; and the house or dwelling shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.
In subsection (1) “prescribed hazard” means any matter or circumstance amounting to a hazard for the time being prescribed in regulations made by the Secretary of State under section 2 of the Housing Act 2004.
The definition of “hazard” in section 2(1) of the Housing Act 2004 applies for the purposes of subsection (2) as though the reference to a potential occupier were omitted.
In a lease to which this section applies of a dwelling in England (see section 9B), there is implied a covenant by the lessor that the dwelling—
is fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and
will remain fit for human habitation during the term of the lease.
The implied covenant is not to be taken as requiring the lessor—
to carry out works or repairs for which the lessee is liable by virtue of—
the duty of the lessee to use the premises in a tenant-like manner, or
an express covenant of the lessee of substantially the same effect as that duty;
to rebuild or reinstate the dwelling in the case of destruction or damage by fire, storm, flood or other inevitable accident;
to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling;
to carry out works or repairs which, if carried out, would put the lessor in breach of any obligation imposed by any enactment (whenever passed or made);
to carry out works or repairs requiring the consent of a superior landlord or other third party in circumstances where consent has not been obtained following reasonable endeavours to obtain it.
The implied covenant is also not to be taken as imposing on the lessor any liability in respect of the dwelling being unfit for human habitation if the unfitness is wholly or mainly attributable to—
the lessee’s own breach of covenant, or
disrepair which the lessor is not obliged to make good because of an exclusion or modification under section 12 (power of county court to authorise exclusions or modifications in leases in respect of repairing obligations under section 11).
Any provision of a lease or of any agreement relating to a lease (whether made before or after the grant or creation of the lease) is void to the extent that it purports—
to exclude or limit the obligations of the lessor under the implied covenant, or
to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of the lessee enforcing or relying upon those obligations.
Where in any proceedings before a court it is alleged that a lessor is in breach of an obligation under the implied covenant, the court may order specific performance of the obligation (regardless of any equitable rule restricting the scope of that remedy).
Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest.
In a lease to which this section applies of a dwelling in England, there is also implied a covenant by the lessee that the lessor, or a person authorised in writing by the lessor, may enter the dwelling for the purpose of viewing its condition and state of repair.
The covenant implied by subsection (7) requires entry to the dwelling to be permitted—
only at reasonable times of the day, and
only if at least 24 hours’ notice in writing has been given to the occupier of the dwelling.
In this section—
“relevant person” means—
a claim under Chapter 1 of Part 2 of the 2002 Act (right to manage);
“lessor” means the person for the time being entitled to the reversion expectant on a lease.
Section 9A applies to a lease under which a dwelling is let wholly or mainly for human habitation if either of the following applies— This is subject as follows.
the lease is for a term of less than 7 years, or
the lease is of a kind mentioned in subsection (1A) , (1AA) or (1AB) of section 13 (certain leases to which section 11 applies).
Section 9A does not apply to any lease of a kind mentioned in section 14 (exceptions for leases to which section 11 applies).
Except as mentioned in subsections (4), (5) and (6), section 9A does not apply to a lease granted—
before the commencement date, or
on or after that date in pursuance of an agreement entered into, or an order of a court made, before the commencement date.
Section 9A applies to a periodic or secure tenancy that is in existence on the commencement date, but in the case of any such tenancy the covenant implied by that section has effect in the following way—
subsection (1)(a) of that section has effect as if the reference to the later of the times there mentioned were a reference to the time that begins at the end of the period of 12 months beginning with the commencement date, and
subsection (1)(b) of that section has effect only in respect of times falling after the end of that 12 month period.
Section 9A applies to a periodic or secure tenancy that comes into existence after the commencement date on expiry of a term of a lease granted before that date.
Section 9A applies to a lease for a fixed term which— and for this purpose the renewal on or after the commencement date is to be treated as a grant of the lease on or after that date.
is granted or renewed before the commencement date, and
is renewed for a further fixed term on or after that date,
For the purposes of subsection (1) it is immaterial—
whether the dwelling is to be occupied under the lease or under an inferior lease derived out of it, or
that the lease also demises other property (which may consist of or include one or more other dwellings).
In determining for the purposes of subsection (1)(a) whether a lease is for a term of less than 7 years—
any part of the term falling before the grant or creation is to be ignored and the lease is to be treated as a lease for a term commencing with the grant or creation;
a lease which is determinable at the option of the lessor before the expiry of 7 years from the commencement of the term is to be treated as a lease for a term of less than 7 years;
a lease (other than one to which paragraph (b) applies) is not to be treated as a lease for a term of less than 7 years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to 7 years or more.
In this section—
This section applies where under a contract of employment of a worker employed in agriculture—
the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and
the provisions of section 9A (implied term as to fitness for human habitation of dwellings in England) are inapplicable by reason only of the dwelling not being let to the worker.
There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.
The provisions of section 9A apply accordingly—
with the substitution of “employer” and “employee” for “lessor” and “lessee”, and
with such other modifications as may be necessary.
This section does not affect—
any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or
any remedy for enforcing such an obligation.
In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
The covenant implied by subsection (1) (“the lessor’s repairing covenant”) shall not be construed as requiring the lessor—
to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,
to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or
to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house.
If a lease to which this section applies is a lease of a dwelling-house which forms part only of a building, then, subject to subsection (1B), the covenant implied by subsection (1) shall have effect as if—
the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and
any reference in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—
forms part of any part of a building in which the lessor has an estate or interest; or
is owned by the lessor or under his control.
In determining the standard of repair required by the lessor’s repairing covenant, regard shall be had to the age, character and prospective life of the dwelling-house and the locality in which it is situated.
Nothing in subsection (1A) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987, which the lessee, as such, is entitled to use.
A covenant by the lessee for the repair of the premises is of no effect so far as it relates to the matters mentioned in subsection (1)(a) to (c), except so far as it imposes on the lessee any of the requirements mentioned in subsection (2)(a) or (c).
The reference in subsection (4) to a covenant by the lessee for the repair of the premises includes a covenant—
to put in repair or deliver up in repair,
to paint, point or render,
to pay money in lieu of repairs by the lessee, or
to pay money on account of repairs by the lessor.
In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.
In any case where— then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.
the lessor’s repairing covenant has effect as mentioned in subsection (1A), and
in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and
the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,
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— unless the inclusion of the provision was authorised by the county court.
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,
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.
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.
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.
But that is subject to subsections (1ZA) to (1ZC).
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).
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—
“building safety measures” has the meaning given by section 30D;
Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the previous lease was not a lease to which section 11 applied (and, in the case of a lease granted before 24th October 1961, would not have been if it had been granted on or after that date).
In subsection (1)— “the previous lease” means the other lease referred to in the above definitions.
in relation to an accountable person, means any duties of the accountable person under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act;
“lease” does not include a mortgage term;
“appropriate tribunal” means—
between the termination of that other lease and the grant of the new lease was continuously in possession of the dwelling-house or of the rents and profits of the dwelling-house; and
was the lessee under another lease of the dwelling-house which terminated at some time before the new lease was granted, and
between the termination of that other lease and the grant of the new lease was continuously in possession of the dwelling-house or of the rents and profits of the dwelling-house; and
Section 11 does not apply to a lease of a dwelling-house which is a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.
Section 11 does not apply to a lease granted on or after 3rd October 1980 to— a local authority, a National Park Authority a new town corporation, an urban development corporation, a Mayoral development corporation, the Development Board for Rural Wales, a non-profit registered provider of social housing a registered social landlord, a co-operative housing association, or an educational institution or other body specified, or of a class specified, by regulations under section 8 of the Rent Act 1977 or paragraph 8 of Schedule 1 to the Housing Act 1988 (bodies making student lettings) a housing action trust established under Part III of the Housing Act 1988.
Section 11 does not apply to a lease granted on or after 3rd October 1980 to—
Her Majesty in right of the Crown (unless the lease is under the management of the Crown Estate Commissioners), or
a government department or a person holding in trust for Her Majesty for the purposes of a government department.
The county court has jurisdiction to make a declaration that section 11 (repairing obligations) applies, or does not apply, to a lease—
whatever the net annual value of the property in question, and
notwithstanding that no other relief is sought than a declaration.
In sections 11 to 15 (repairing obligations in short leases)—
“lease” does not include a mortgage term;
“lease of a dwelling-house” means a lease by which a building or part of a building is let wholly or mainly as a private residence and “dwelling-house” means that building or part of a building;
“lessee” and “lessor” mean, respectively, the person for the time being entitled to the term of a lease and to the reversion expectant on it.
In proceedings in which a tenant of a dwelling alleges a breach on the part of his landlord of a repairing covenant relating to any part of the premises in which the dwelling is comprised, the court may order specific performance of the covenant whether or not the breach relates to a part of the premises let to the tenant and notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise.
In this section—
“tenant” includes a statutory tenant,
in relation to a statutory tenant the reference to the premises let to him is to the premises of which he is a statutory tenant,
“landlord”, in relation to a tenant, includes any person against whom the tenant has a right to enforce a repairing covenant, and
“repairing covenant” means a covenant to repair, maintain, renew, construct or replace any property.
This section applies to a lease of a dwelling if—
the dwelling is in England,
the lease is a relevant social housing lease, and
section 9A—
applies to the lease (see section 9B), or
would apply to the lease if the provision in section 9B(3) did not exist.
There is implied in the lease a covenant by the lessor that the lessor will comply with all prescribed requirements that are applicable to that lease.
The Secretary of State must make regulations which require the lessor under a lease to which this section applies to take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations.
Regulations under subsection (3) are enforceable against lessors only through actions for breach of the covenant that is implied by subsection (2).
In any proceedings for a breach of the covenant that is implied by subsection (2), it is a defence for the lessor to prove that the lessor used all reasonable endeavours to avoid that breach.
For the purposes of this section a lease is a “relevant social housing lease” at any time when—
the lessor under the lease is a registered provider of social housing, and
the dwelling leased under the lease—
is social housing, but
is not low cost home ownership accommodation.
In this section and section 10B—
“lease”, “lessor” and “lessee” have the same meanings as in section 9A (see section 9A(9));
“new town corporation” means—
“new letting” includes any grant of a tenancy, whether or not the premises were previously let, and any grant of a licence;
Regulations under section 10A(3) may apply to—
leases granted before the day when section 42 of the Social Housing (Regulation) Act 2023 came into force;
prescribed hazards which began before that day;
only some descriptions of prescribed hazards.
Regulations under section 10A(3) may—
specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the lessor or another person);
specify two (or more) periods in relation to particular action.
Regulations under section 10A(3) may (in particular)—
require the lessor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard;
require the lessor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the lessor—
to investigate whether or how a prescribed hazard is affecting the leased dwelling, or
to secure that the lessee and any other members of the lessee’s household are provided with alternative accommodation at no cost to them;
require the lessor to take action in relation to a prescribed hazard only—
in particular circumstances, or
if particular conditions are met;
provide that the lessor is not required to take action in relation to a prescribed hazard—
in particular circumstances, or
if particular conditions are met.
The Secretary of State may by regulations—
provide for section 10A not to apply to particular descriptions of leases;
make provision, in relation to the covenant that is implied by section 10A(2), which corresponds to any provision made by section 9A(4) to (8).
A power to make regulations under section 10A or this section includes power to make—
incidental, transitional or saving provision;
different provision for different purposes.
The power to make transitional or saving provision may (in particular) be used to make provision about situations where the covenant in section 10A(2)—
begins to be implied in a lease after its grant because it becomes a relevant social housing lease;
ceases to be implied in a lease because it ceases to be a relevant social housing lease (including provision to save the lessor’s liability for any breach of the covenant occurring before it ceases to be implied).
Regulations under section 10A or this section are to be made by statutory instrument.
A statutory instrument containing regulations under section 10A or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
In the following provisions of this Act “service charge” means an amount payable by a tenant of a dwelling as part of or in addition to the rent—
which is payable, directly or indirectly, for services, repairs, maintenance , improvements or insurance or the landlord’s costs of management, and
the whole or part of which varies or may vary according to the relevant costs.
The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the landlord, or a superior landlord, in connection with the matters for which the service charge is payable.
For this purpose—
“costs” includes overheads, and
costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.
Relevant costs shall be taken into account in determining the amount of a service charge payable for a period— and the amount payable shall be limited accordingly.
only to the extent that they are reasonably incurred, and
where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;
Where a service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable, and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction or subsequent charges or otherwise.
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whether costs incurred for services, repairs, maintenance, insurance or management were reasonably incurred,
whether services or works for which costs were incurred are of a reasonable standard, or
whether an amount payable before costs are incurred is reasonable.
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that any such costs were or were not reasonably incurred,
that any such services or works are or are not of a reasonable standard, or
that any such amount is or is not reasonable,
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If a person takes any proceedings in the High Court in pursuance of any of the provisions of this Act relating to service charges and he could have taken those proceedings in the county court, he shall not be entitled to recover any costs.
Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either—
complied with in relation to the works or agreement, or
except in the case of works to which section 20D applies, dispensed with in relation to the works or agreement by (or on appeal from) the appropriate tribunal.
In this section “relevant contribution”, in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement.
£25, or such other amount as may be prescribed by order of the Secretary of State, multiplied by the number of flats in the building, or
£500, or such other amount as may be so prescribed.
This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount.
At least two estimates for the works shall be obtained, one of them from a person wholly unconnected with the landlord.
A notice accompanied by a copy of the estimates shall be given to each of the tenants concerned or shall be displayed in the buildings so as to be likely to come to the notice of all those tenants; and if, there is a recognised tenants' association for the building, the notice and copy of the estimates shall also be given to the secretary of the association.
The notice shall describe the works to be carried out and invite observations on them and on the estimates and shall state the name and address in the United Kingdom of the person to whom the observations may be sent and the date by which they are to be received.
The date stated in the notice shall not be earlier than one month after the date on which the notice is given or displayed as required by paragraph (b).
The landlord shall have regard to any observations received in pursuance of the notice; and unless the works are urgently required they shall not be begun earlier than the date specified in the notice.
The Secretary of State may by regulations provide that this section applies to a qualifying long term agreement—
if relevant costs incurred under the agreement exceed an appropriate amount, or
if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount.
An appropriate amount is an amount set by regulations made by the Secretary of State; and the regulations may make provision for either or both of the following to be an appropriate amount—
an amount prescribed by, or determined in accordance with, the regulations, and
an amount which results in the relevant contribution of any one or more tenants being an amount prescribed by, or determined in accordance with, the regulations.
Where an appropriate amount is set by virtue of paragraph (a) of subsection (5), the amount of the relevant costs incurred on carrying out the works or under the agreement which may be taken into account in determining the relevant contributions of tenants is limited to the appropriate amount.
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where an appropriate amount is set by virtue of paragraph (b) of that subsection, the amount of the relevant contribution of the tenant, or each of the tenants, whose relevant contribution would otherwise exceed the amount prescribed by, or determined in accordance with, the regulations is limited to the amount so prescribed or determined.
The appropriate national authority may make regulations about the provision, by landlords of dwellings to each tenant by whom service charges are payable, of information about service charges.
if the relevant accounts are made up for periods of twelve months, in the last such period ending not later than the date of the request, or
if the accounts are not so made up, in the period of twelve months ending with the date of the request,
The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide information about—
the service charges of the tenant,
any associated service charges, and
relevant costs relating to service charges falling within paragraph (a) or (b).
The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide the tenant with a report by a qualified person on information which the landlord is required to provide by virtue of this section.
an agent of the landlord named as such in the rent book or similar document, or
the person who receives the rent on behalf of the landlord;
The regulations may make provision about—
information to be provided by virtue of subsection (2),
other information to be provided (whether in pursuance of a requirement or otherwise),
reports of the kind mentioned in subsection (3),
the period or periods in relation to which information or reports are to be provided,
the times at or by which information or reports are to be provided,
the form and manner in which information or reports are to be provided (including in particular whether information is to be contained in a statement of account),
the descriptions of persons who are to be qualified persons for the purposes of subsection (3).
Subsections (2) to (4) do not limit the scope of the power conferred by subsection (1).
Regulations under this section may—
make different provision for different cases or descriptions of case or for different purposes,
contain such supplementary, incidental, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate.
In particular, regulations which make provision about higher-risk buildings (within the meaning of Part 4 of the Building Safety Act 2022) or relevant buildings (as defined by section 117 of that Act) need not contain provision of a kind mentioned in subsection (2) or (3).
Regulations under this section are to be made by statutory instrument which, subject to subsections (8) and (9)—
in the case of regulations made by the Secretary of State, is to be subject to annulment in pursuance of a resolution of either House of Parliament, and
in the case of regulations made by the Welsh Ministers, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
The Secretary of State may not make a statutory instrument containing the first regulations made by the Secretary of State under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
The Welsh Ministers may not make a statutory instrument containing the first regulations made by the Welsh Ministers under this section unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
In this section— “the appropriate national authority”— in relation to England, means the Secretary of State, and in relation to Wales, means the Welsh Ministers, “associated service charges”, in relation to a tenant by whom a contribution to relevant costs is payable as a service charge, means service charges of other tenants so far as relating to the same costs.
Where an application is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.
In section 20 and this section—
“local authority” means a district, county county borough or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in sections 14(4), 26(1) and 28(6) includes ... the Broads Authority , a police and crime commissioner, the Mayor's Office for Policing and Crime, ... ... a joint authority established by Part IV of the Local Government Act 1985 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... and the London Fire Commissioner;
The Secretary of State may by regulations provide that an agreement is not a qualifying long term agreement—
if it is an agreement of a description prescribed by the regulations, or
in any circumstances so prescribed.
In section 20 and this section “the consultation requirements” means requirements prescribed by regulations made by the Secretary of State.
Regulations under subsection (4) may in particular include provision requiring the landlord—
to provide details of proposed works or agreements to tenants or the recognised tenants’ association representing them,
to obtain estimates for proposed works or agreements,
to invite tenants or the recognised tenants’ association to propose the names of persons from whom the landlord should try to obtain other estimates,
to have regard to observations made by tenants or the recognised tenants’ association in relation to proposed works or agreements and estimates, and
to give reasons in prescribed circumstances for carrying out works or entering into agreements.
And in the case of works to which section 20D applies, regulations under subsection (4) may also include provision requiring the landlord—
to give details of the steps taken or to be taken under section 20D(2),
to give reasons about prescribed matters, and any other prescribed information, relating to the taking of such steps, and
to have regard to observations made by tenants or the recognised tenants’ association in relation to the taking of such steps.
Regulations under section 20 or this section—
may make provision generally or only in relation to specific cases, and
may make different provision for different purposes.
Regulations under section 20 or this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies where a tenant, or the secretary of a recognised tenants’ association, has obtained such a summary as is referred to in section 21(1) (summary of relevant costs), whether in pursuance of that section or otherwise.
The tenant, or the secretary with the consent of the tenant, may within six months of obtaining the summary require the landlord in writing to afford him reasonable facilities—
for inspecting the accounts, receipts and other documents supporting the summary, and
for taking copies or extracts from them.
A request under this section is duly served on the landlord if it is served on— and a person on whom a request is so served shall forward it as soon as may be to the landlord.
an agent of the landlord named as such in the rent book or similar document, or
the person who receives the rent of behalf of the landlord;
The landlord shall make such facilities available to the tenant or secretary for a period of two months beginning not later than one month after the request is made.
The landlord shall—
where such facilities are for the inspection of any documents, make them so available free of charge;
where such facilities are for the taking of copies or extracts, be entitled to make them so available on payment of such reasonable charge as he may determine.
The requirement imposed on the landlord by subsection (5)(a) to make any facilities available to a person free of charge shall not be construed as precluding the landlord from treating as part of his costs of management any costs incurred by him in connection with making those facilities so available.
Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactmentor article 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (power of local housing authorieses to provide assistance), the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.
In any case where— the amount which, in relation to the landlord, is the balance of the cost determined in accordance with section 69(3) of the Housing Grants, Construction and Regeneration Act 1996 shall be deducted from the costs, and the amount of the service charge payable shall be reduced accordingly.
relevant costs are incurred or to be incurred on the carrying out of works which are included in the external works specified in a group repair scheme, within the meaning of Part I of the Housing Grants, Construction and Regeneration Act 1996, and
the landlord participated or is participating in that scheme as an assisted participant,
If a request under section 21 (request for summary of relevant costs) relates in whole or in part to relevant costs incurred by or on behalf of a superior landlord, and the landlord to whom the request is made is not in possession of the relevant information—
he shall in turn make a written request for the relevant information to the person who is his landlord (and so on, if that person is not himself the superior landlord),
the superior landlord shall comply with that request within a reasonable time, and
the immediate landlord shall then comply with the tenant’s or secretary’s request, or that part of it which relates to the relevant costs incurred by or on behalf of the superior landlord, within the time allowed by section 21 or such further time, if any, as is reasonable in the circumstances.
If a request under section 22 (request for facilities to inspect supporting accounts, &c.) relates to a summary of costs incurred by or on behalf of a superior landlord—
the landlord to whom the request is made shall forthwith inform the tenant or secretary of that fact and of the name and address of the superior landlord, and
section 22 shall then apply to the superior landlord as it applies to the immediate landlord.
If any of the relevant costs taken into account in determining the amount of any service charge were incurred more than 18 months before a demand for payment of the service charge is served on the tenant, then (subject to subsection (2) ), the tenant shall not be liable to pay so much of the service charge as reflects the costs so incurred.
Subsection (1) shall not apply if, within the period of 18 months beginning with the date when the relevant costs in question were incurred, the tenant was notified in writing that those costs had been incurred and that he would subsequently be required under the terms of his lease to contribute to them by the payment of a service charge.
The assignment of a tenancy does not affect the validity of a request made under section 21, 22 or 23 before the assignment; but a person is not obliged to provide a summary or make facilities available more than once for the same dwelling and for the same period.
A tenant may make an application for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with proceedings before a court , residential property tribunal or leasehold valuation tribunal or the First-tier Tribunal, or the Upper Tribunal, or in connection with arbitration proceedings, are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application.
The application shall be made—
in the case of court proceedings, to the court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to the county court;
in the case of proceedings before a residential property tribunal, to a leasehold valuation tribunal;
in the case of proceedings before a leasehold valuation tribunal, to the tribunal before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to any leasehold valuation tribunal;
in the case of proceedings before the First-tier Tribunal, to the tribunal;
in the case of proceedings before the Upper Tribunal, to the tribunal;
in the case of arbitration proceedings, to the arbitral tribunal or, if the application is made after the proceedings are concluded, to the county court.
The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances.
It is a summary offence for a person to fail, without reasonable excuse, to perform a duty imposed on him by section 21, 22 or 23.
A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale.
Subsection (1) does not apply where the person is—
a local authority for an area in Wales, or
a registered social landlord.
This section applies to works of a prescribed description (“remediation works”) on a building in England of a prescribed description.
The landlord must—
take reasonable steps to ascertain whether any grant is payable in respect of the remediation works and, if so, to obtain the grant;
take reasonable steps to ascertain whether monies may be obtained from a third party in connection with the undertaking of the remediation works and, if so, to obtain monies from the third party;
take prescribed steps relating to any other prescribed kind of funding.
In subsection (2)(b) the reference to obtaining monies from a third party includes obtaining monies—
under a policy of insurance;
under a guarantee or indemnity;
pursuant to a claim made against—
a developer;
a person involved in the design of the building or of works to the building; or
a person involved in carrying out works in relation to the building.
Where any funding of a kind mentioned in subsection (2) is obtained, the amount of the funding is to be deducted from the remediation costs (and the amount of any service charge is to be reduced accordingly).
In the case of a failure to comply with subsection (2), a tenant may make an application for an order that all or any of remediation costs are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by—
the tenant, or
anyone else specified in the application.
An application is to be made to the prescribed court or tribunal.
The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances.
Nothing in this section requires the landlord to do anything mentioned in subsection (2) before carrying out remediation works.
The Secretary of State may issue guidance about the taking of steps under subsection (2), and may revise or withdraw any issued guidance.
Where on an application under this section it is alleged that a person failed to comply with subsection (2)—
proof of a failure to comply with any applicable guidance may be relied on as tending to establish that there was such a failure, and
proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such failure.
In this section—
Sections 18 to 25 (limitation on service charges and requests for information about costs) do not apply to a service charge payable by a tenant of— a local authority, a National Park authority , or a new town corporation, . . . . . . unless the tenancy is a long tenancy, in which case sections 18 to 24 apply but section 25 (offence of failure to comply) does not.
The following are long tenancies for the purposes of subsection (1), subject to subsection (3)—
a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;
a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;
any tenancy granted in pursuance of Part V of the Housing Act 1985 (the right to buy) , including any tenancy granted in pursuance of that Part as it had effect by virtue of section 17 of the Housing Act 1996 (the right to acquire).
A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of subsection (1), unless—
it is granted by a housing association which at the time of the grant is a private registered provider of social housing ora registered social landlord,
it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or the cost of providing it, and
at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the Housing Act 1980 or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 (conditions for exclusion of shared ownership leases from Part I of Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.
In this section “regulations” means regulations under section 20D.
Regulations are to be made by statutory instrument.
A power to make regulations includes power to make—
incidental, transitional or saving provision;
different provision for different purposes.
A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Sections 18 to 25 (limitation on service charges and requests for information about costs) do no apply to a service charge payable by the tenant of a dwelling the rent of which is registered under Part IV of the Rent Act 1977, unless the amount registered is, in pursuance of section 71(4) of that Act, entered as a variable amount.
This section applies in relation to a lease to which section 30D (higher-risk buildings: building safety costs) applies.
Excluded costs are not to be regarded as relevant costs to be taken into account in determining the amount of service charge payable by a tenant under the lease.
In this section “excluded costs” means any of the following incurred in connection with Part 4 of the Building Safety Act 2022 or regulations made under that Part—
costs incurred or to be incurred by or on behalf of a relevant person solely as a result of any penalty imposed or enforcement action taken by the regulator;
legal costs incurred or to be incurred by or on behalf of a relevant person in connection with special measures order proceedings;
costs incurred or to be incurred by or on behalf of a relevant person by reason of any negligence, breach of contract or unlawful act on the part of that relevant person or a person acting on their behalf;
costs of a description prescribed by regulations made by the Secretary of State that are incurred or to be incurred by or on behalf of an accountable person or special measures manager for the building in connection with the taking of building safety measures.
In this section—
Regulations under this section are to be made by statutory instrument.
A power to make regulations includes power to make—
incidental, transitional or saving provision;
different provision for different purposes.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
The reference to a “ qualified accountant ” in section 21(6) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.
A person has the necessary qualification if he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 .
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The following are disqualified from acting—
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an officer , employee or partner of the landlord or, where the landlord is a company, of an associated company;
a person who is a partner or employee of any such officer or employee.
an agent of the landlord who is a managing agent for any premises to which any of the costs covered by the summary in question relate;
an employee or partner of any such agent.
For the purposes of subsection (4)(b) a company is associated with a landlord company if it is (within the meaning of section 1159 of the Companies Act 2006) the landlord’s holding company, a subsidiary of the landlord or another subsidiary of the landlord’s holding company.
Where the landlord is a local authority National Park Authorityor a new town corporation—
the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and
subsection (4)(b) (disqualification of officers and employees of landlord) does not apply.
For the purposes of subsection (4)(d) a person is a managing agent for any premises to which any costs relate if he has been appointed to discharge any of the landlord’s obligations relating to the management by him of the premises and owed to the tenants who may be required under the terms of their leases to contribute to those costs by the payment of service charges.
Non-litigation costs incurred, or to be incurred, by a landlord in connection with a relevant claim are not to be regarded as relevant costs to be taken into account in determining the amount of a variable service charge payable by a tenant who is a non-participating tenant in relation to that claim.
A lease, contract or other arrangement is of no effect to the extent it makes provision to the contrary.
In this section and section 20K—
For provision about when a participating tenant is and is not liable in respect of non-litigation costs in relation to a relevant claim, see—
section 19A of the 1967 Act;
section 89A of the 1993 Act;
section 87A of the 2002 Act.
A recognised tenants’ association is an association of qualifying tenants (whether with or without other tenants) which is recognised for purposes of the provisions of this Act relating to service charges either—
by a certificate—
in relation to dwellings in England, of the First-tier Tribunal; and
in relation to dwellings in Wales, of a member of the local rent assessment committee panel.
by notice in writing given by the landlord to the secretary of the association, or
A notice given under subsection (1)(a) may be withdrawn by the landlord by notice in writing given to the secretary of the association not less than six months before the date on which it is to be withdrawn.
A certificate given under subsection (1)(b)(i) may be cancelled by the First-tier Tribunal, and a certificate given under subsection (1)(b)(ii) may be cancelled by any member of the local rent assessment committee panel.
In this section the “local rent assessment committee panel” means the persons appointed by the Lord Chancellor under the Rent Act 1977 to the panel of persons to act as members of a rent assessment committee for the registration area in Wales in which the dwellings let to the qualifying tenants are situated, and for the purposes of this section a number of tenants are qualifying tenants if each of them may be required under the terms of his lease to contribute to the same costs by the payment of a service charge..
The Secretary of State may by regulations specify—
the procedure which is to be followed in connection with an application for, or for the cancellation of, a certificate under subsection (1)(b)(ii);
the matters to which regard is to be had in giving or cancelling a certificate under subsection (1)(b);
the duration of such a certificate; and
any circumstances in which a certificate is not to be given under subsection (1)(b).
Regulations under subsection (5)—
may make different provisions with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies if, despite section 20J(1), a non-participating tenant in relation to a relevant claim pays a prohibited amount to any person.
For the purposes of this section, a “prohibited amount” is an amount that is—
demanded as a variable service charge, and
attributable to non-litigation costs incurred, or to be incurred, in connection with the claim.
The appropriate tribunal may, on the application of the tenant, order the person to which the prohibited amount was paid to return all or any part of the amount to the tenant.
In the provisions of this Act relating to service charges— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “landlord” includes any person who has a right to enforce payment of a service charge; “services” includes, in relation to a dwelling in a higher-risk building (as defined by section 30I), building safety measures within the meaning of section 30D; “tenant” includes
2. The references to “London” are, in relation to contracts made before 1st April 1965, to the administrative county of London and, in relation to contracts made on or after that date, to Greater London exclusive of the outer London boroughs.
the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,
“relevant person” means—
“service charge” has the meaning given by section 18;
a statutory tenant, and
where the dwelling or part of it is sub-let, the sub-tenant.
“third party” means a person other than a tenant.
“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act).
a claim under Chapter 1 or 2 of Part 1 of the 1993 Act (enfranchisement and extension of leases of flats);
a development corporation established by an order made, or treated as made, under the New Towns Act 1981, or
A tenant may withhold payment of a service charge if—
the landlord has not provided him with information or a report— he is required to provide it by virtue of section 21, or
at the time at which, or
(as the case may be) by the time by which,
the form or content of information or a report which the landlord has provided him with by virtue of that section (at any time) does not conform exactly or substantially with the requirements prescribed by regulations under that section.
The maximum amount which the tenant may withhold is an amount equal to the aggregate of—
the service charges paid by him in the period to which the information or report concerned would or does relate, and
amounts standing to the tenant's credit in relation to the service charges at the beginning of that period.
An amount may not be withheld under this section—
in a case within paragraph (a) of subsection (1), after the information or report concerned has been provided to the tenant by the landlord, or
in a case within paragraph (b) of that subsection, after information or a report conforming exactly or substantially with requirements prescribed by regulations under section 21 has been provided to the tenant by the landlord by way of replacement of that previously provided.
If, on an application made by the landlord to the appropriate tribunal, the tribunal determines that the landlord has a reasonable excuse for a failure giving rise to the right of a tenant to withhold an amount under this section, the tenant may not withhold the amount after the determination is made.
Where a tenant withholds a service charge under this section, any provisions of the tenancy relating to non-payment or late payment of service charges do not have effect in relation to the period for which he so withholds it.
A demand for the payment of a service charge must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges.
The Secretary of State may make regulations prescribing requirements as to the form and content of such summaries of rights and obligations.
A tenant may withhold payment of a service charge which has been demanded from him if subsection (1) is not complied with in relation to the demand.
Where a tenant withholds a service charge under this section, any provisions of the lease relating to non-payment or late payment of service charges do not have effect in relation to the period for which he so withholds it.
Regulations under subsection (2) may make different provision for different purposes.
Regulations under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies where, at a time when a duty imposed on the landlord or a superior landlord by or by virtue of any of sections 21 to 23 remains to be discharged by him, he disposes of the whole or part of his interest as landlord or superior landlord to another person.
If the landlord or superior landlord is, despite the disposal, still in a position to discharge the duty to any extent, he remains responsible for discharging it to that extent.
If the other person is in a position to discharge the duty to any extent, he is responsible for discharging it to that extent.
Where the other person is responsible for discharging the duty to any extent (whether or not the landlord or superior landlord is also responsible for discharging it to that or any other extent)—
references to the landlord or superior landlord in sections 21 to 23 and any regulations under section 21 are to, or include, the other person so far as is appropriate to reflect his responsibility for discharging the duty to that extent, but
in connection with its discharge by the other person, section 22(6) applies as if the reference to the day on which the landlord receives the notice were to the date of the disposal referred to in subsection (1) and
any regulations under section 21 apply subject to any modifications contained in the regulations.
An application may be made to the appropriate tribunal for a determination whether a service charge is payable and, if it is, as to—
the person by whom it is payable,
the person to whom it is payable,
the amount which is payable,
the date at or by which it is payable, and
the manner in which it is payable.
Subsection (1) applies whether or not any payment has been made.
An application may also be made to the appropriate tribunal for a determination whether, if costs were incurred for services, repairs, maintenance, improvements, insurance or management of any specified description, a service charge would be payable for the costs and, if it would, as to—
the person by whom it would be payable,
the person to whom it would be payable,
the amount which would be payable,
the date at or by which it would be payable, and
the manner in which it would be payable.
No application under subsection (1) or (3) may be made in respect of a matter which—
has been agreed or admitted by the tenant,
has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which the tenant is a party,
has been the subject of determination by a court, or
has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement.
But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment.
An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination— of any question which may be the subject of an application under subsection (1) or (3).
in a particular manner, or
on particular evidence,
The jurisdiction conferred on the appropriate tribunal in respect of any matter by virtue of this section is in addition to any jurisdiction of a court in respect of the matter.
The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants' association with information about relevant qualifying tenants.
The regulations may—
make provision about the tenants about whom information must be provided and what information must be provided;
require a landlord to seek the consent of a tenant to the provision of information about that tenant;
require a landlord to identify how many tenants have not consented.
The regulations may—
authorise a landlord to charge costs specified in or determined in accordance with the regulations;
impose time limits on a landlord for the taking of any steps under the regulations;
make provision about the form or content of any notices under the regulations (including provision permitting or requiring a person to design the form of a notice);
make other provision as to the procedure in connection with anything authorised or required by the regulations.
The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations.
The regulations may include supplementary, incidental, transitional or saving provision.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section— “relevant tenants' association”, in relation to a landlord, means an association of tenants of the landlord at least one of whom is a qualifying tenant of a dwelling in England; “relevant qualifying tenant” means— a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants' association, or a person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants' association; “qualifying tenant” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.
The Secretary of State may by order provide for— and may provide either generally or in relation to any specified description of dwelling.
restricting or preventing increases of rent for dwellings which would otherwise take place, or
restricting the amount of rent which would otherwise be payable on new lettings of dwellings;
An order may contain supplementary or incidental provisions, including provisions excluding, adapting or modifying any provision made by or under an enactment (whenever passed) relating to rent or the recovery of overpaid rent.
In this section— and for the purposes of this section an increase in rent takes place at the beginning of the rental period for which the increased rent is payable.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The following provisions do not apply to a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies— sections 1 to 3A (information to be given to tenant), section 17 (specific performance of landlord’s repairing obligations). section 30C (implied terms relation to building safety), section 30D (building safety costs), section 30E (liability for remuneration of building safety director of resident management company etc).
Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the new lease is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies and the previous lease either is such a tenancy or would be but for section 28 of that Act (tenancy not within Part II if renewal agreed between the parties).
Section 31 (reserve power to limit rents) does not apply to a dwelling forming part of a property subject to a tenancy to which Part II of the Landlord and Tenant Act 1954 applies; but without prejudice to the application of that section in relation to a sub-tenancy of a part of the premises comprised in such a tenancy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an offence under this Act which has been committed by a body corporate is proved— he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, or
to be attributable to any neglect on the part of such an officer or person,
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
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Proceedings for an offence under any provision of this Act may be brought by a local housing authority.
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This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act “lease” and “tenancy” have the same meaning.
Both expressions include—
a sub-lease or sub-tenancy, and
an agreement for a lease or tenancy (or sub-lease or sub-tenancy).
The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.
In this Act—
“statutory tenancy” and “statutory tenant” mean a statutory tenancy or statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976; and
“landlord”, in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the premises.
In this Act—
“special measures manager” has the meaning given in paragraph 1 of Schedule 7 to the Building Safety Act 2022;
“lease” does not include a mortgage term;
The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions) defining or explaining an expression in the same section): address section 38 arbitration agreement, arbitration proceedings and , arbitral tribunal and post-dispute arbitration agreement section 38 co-operative housing association section 38 dwelling section 38 dwelling-house (in the provisions relating to repairing obligations) section 16 fit for human habitation section 10 flat (in the provisions relating to service charges) section 30 housing association section 38 landlord— (generally) section 36(3) (in sections 1 and 2) section 1(3) (in the provisions relating to rent books) section 4(3) (in the provisions relating to service charges) section 30 (in relation to a statutory tenancy) section 37(b) lease, lessee and lessor— (generally) section 36 (in the provisions relating to fitness for human habitation of dwellings in England) section 9A(9) (in the provisions relating to repairing obligations section 16 local authority section 38 local housing authority section 38 new town corporation section 38 protected tenancy section 38 qualified accountant (for the purposes of section 21(6)) section 28 registered social landlord section 38 recognised tenants’ association section 29 relevant costs (in relation to a service charge) section 18(2) restricted contract section 38 service charge section 18(1) statutory tenant section 37(a) tenancy and tenant— (generally) section 36 (in sections 1 and 2) section 1(3) (in the provisions relating to rent books) section 4(3) (in the provisions relating to service charges) section 30 urban development corporation section 38
The Schedule to this Act (which confers on tenants certain rights with respect to the insurance of their dwellings) shall have effect.
This Act may be cited as the Landlord and Tenant Act 1985.
This Act comes into force on 1st April 1986.
This Act extends to England and Wales.
A recognised tenants’ association may at any time serve a notice on the landlord requesting him to consult the association in accordance with this section on matters relating to the appointment or employment by him of a managing agent for any relevant premises.
Where, at the time when any such notice is served by a recognised tenants’ association, the landlord does not employ any managing agent for any relevant premises, the landlord shall, before appointing such a managing agent, serve on the association a notice specifying—
the name of the proposed managing agent;
the landlord’s obligations to the tenants represented by the association which it is proposed that the managing agent should be required to discharge on his behalf; and
a period of not less than one month beginning with the date of service of the notice within which the association may make observations on the proposed appointment.
Where, at the time when a notice is served under subsection (1) by a recognised tenants’ association, the landlord employs a managing agent for any relevant premises, the landlord shall, within the period of one month beginning with the date of service of that notice, serve on the association a notice specifying—
the landlord’s obligations to the tenants represented by the association which the managing agent is required to discharge on his behalf; and
a reasonable period within which the association may make observations on the manner in which the managing agent has been discharging those obligations, and on the desirability of his continuing to discharge them.
Subject to subsection (5), a landlord who has been served with a notice by an association under subsection (1) shall, so long as he employs a managing agent for any relevant premises—
serve on that association at least once in every five years a notice specifying—
any change occurring since the date of the last notice served by him on the association under this section in the obligations which the managing agent has been required to discharge on his behalf; and
a reasonable period within which the association may make observations on the manner in which the managing agent has discharged those obligations since that date, and on the desirability of his continuing to discharge them;
serve on that association, whenever he proposes to appoint any new managing agent for any relevant premises, a notice specifying the matters mentioned in paragraphs (a) to (c) of subsection (2).
A landlord shall not, by virtue of a notice served by an association under subsection (1), be required to serve on the association a notice under subsection (4)(a) or (b) if the association subsequently serves on the landlord a notice withdrawing its request under subsection (1) to be consulted by him.
Where— that notice shall cease to have effect with respect to those premises (without prejudice to the service by the association on the new landlord of a fresh notice under that subsection with respect to those premises).
a recognised tenants’ association has served a notice under subsection (1) with respect to any relevant premises, and
the interest of the landlord in those premises becomes vested in a new landlord,
Any notice served by a landlord under this section shall specify the name and the address in the United Kingdom of the person to whom any observations made in pursuance of the notice are to be sent; and the landlord shall have regard to any such observations that are received by that person within the period specified in the notice.
In this section— and for the purposes of this section any premises (whether a building or not) are relevant premises in relation to a recognised tenants’ association if any of the tenants represented by the association may be required under the terms of their leases to contribute by the payment of service charges to costs relating to those premises.
Provision Derivation 1(1) 1974 s. 121(1). (2) 1974 s. 121(1); 1980 s. 144; 1982 (c. 48) ss. 37, 46(1). (3) 1974 s. 121(9). 2(1), (2) 1974 s. 121(2). (3) 1974 s. 121(4). (4) 1974 s. 121(5); 1980 s. 144; 1982 (c. 48 ss. 37, 46(1). 3(1) 1974 s. 122(1), (2). (2) 1974 s. 122(4). (3) 1974 s. 122(5); 1980 s. 144; 1982 (c. 48) ss. 37, 46(1). (4) 1974 s. 122(8), (9)(a). 4(1) 1962 s. 1(1). (2) 1962 s. 1(2). (3) 1962 ss. 1(1), 6(1)(a). 5(1) 1962 s. 2(1); 1976 (c. 80) Sch. 8 para. 9; 1977 (c. 42) Sch. 23 para. 31(a), (b). (2) 1962 s. 2(1); 1968 (c. 23) Sch. 15. (3) 1962 s. 6(1)(b). 6(1) 1962 s. 3(1). (2) 1962 s. 3(2). 7(1), (2) 1962 s. 4(1), (3); 1982 (c. 48) ss. 37, 46(1), Sch. 3. (3) 1962 s. 4(2), (3); 1982 (c. 48) ss. 37, 46(1), Sch. 3. (4) 1962 s. 4(4). 8(1), (2) 1957 s. 6(2), (3). (3) 1957 s. 6(1), (2). (4) 1957 s. 6(1); 1963 (c. 33) Sch. 8 para. 2. (5) 1957 s. 6(2) proviso. (6) 1957 s. 189(1) “house” (a). 9(1), (2) 1957 s. 7. (3) 1957 ss. 7, 189(1) “house” (a). 10 1957 s. 4(1); 1969 s. 71. 11(1) 1961 s. 32(1). (2) 1961 s. 32(2). (3) 1961 s. 32(3). (4) 1961 s. 32(1), (2). (5) 1961 s. 32(1). (6) 1961 s. 32(4). 12(1) 1961 s. 33(7). (2) 1961 s. 33(6). 13(1) 1961 s. 33(1). (2) 1961 s. 33(2), (5). 14(1), (2) 1961 s. 33(3). (3) 1961 s. 33(4). (4) 1977 (c. 42) ss. 14, 15(3); 1980 s. 80(1)(a)-(c), (2), (3); 1980 (c. 65) s. 155(1); 1981 (c. 64) Sch. 12 para. 24. (5) 1980 s. 80(1)(d), (e). 15 1961 s. 33(8). 16 1961 s. 32(5). 17(1) 1974 s. 125(1). (2) 1974 s. 125(2); R.14(i). 18(1)—(3) 1980 Sch. 19 para. 1(1). 19(1) 1980 Sch. 19 paras. 2, 3. (2) 1980 Sch. 19 para. 2. (3) 180 Sch. 19 para. 11. (4) 1980 Sch. 19 para. 12. 20(1) 1980 Sch. 19 paras. 2, 4(1). (2) 1980 Sch. 19 para. 4(2). (3) 1980 Sch. 19 para. 5(1)(6). (4) 1980 Sch. 19 para. 5(7). (5) 1980 Sch. 19 para. 6. (6) 1980 s. 151(1), (3). 21(1) 1980 Sch. 19 para. 7(1), (5). (2) 1980 Sch. 19 para. 7(2). (3) 1980 Sch. 19 para. 9. (4) 1980 Sch. 19 para. 7(1). (5), (6) 1980 Sch. 19 para. 7(3) 22(1), (2) 1980 Sch. 19 para. 7(4). (3) 1980 Sch. 19 para. 9. (4) 1980 Sch. 19 para. 7(4). 23(1), (2) 1980 Sch. 19 para. 8(1), (2). 24 1980 Sch. 19 para. 10. 25(1), (2) 1980 Sch. 19 para. 13(1); 1982 (c. 48) ss. 37, 46(1). 26(1) 1980 s. 50(1) “development corporation”, “local authority”, Sch. 19 para. 14(1), (2)(a). (2), (3) 1980 Sch. 3 para. 1(2), (2A), (3), Sch. 19 para. 14(1); 1984 Sch. 1 para. 12, Sch. 11 para. 33(1). 27 1980 Sch. 19 para. 15. 28(1) drafting. (2) 1980 Sch. 16 para. 3(2), Sch. 19 para. 17(1); 1985 (c. 9) Sch. 2. (3) 1980 Sch. 16 para. 3(4), Sch. 19 para. 17(1). (4) 1980 Sch. 19 para. 17(2). (5) 1980 Sch. 19 para. 17(2)(b); 1985 (c. 9) Sch. 2. (6) 1980 Sch. 19 para. 14(1),(2)(b). 29(1) 1980 Sch. 19 para. 20. (2), (3) 1980 Sch. 19 para. 21(1). (4) 1980 Sch. 19 para. 20(b). (5) 1980 Sch. 19 para. 21(2). (6) 1980 s. 151(1), (3). 30 “flat” 1980 Sch. 19 para. 16. “landlord” 1980 Sch. 19 para. 18. “tenant” 1980 Sch. 19 para. 19. 31(1) 1975 ss. 11(1), 15(1), (5). (2) 1975 ss. 11(2), 15(5). (3) 1975 s. 11(10), (11). (4) 1975 ss. 11(3), 15(1). 32(1) 1974 ss. 121(9), 122(8), 125(2). (2) 1961 s. 33(3). (3) 1975 s. 11(11) “dwelling”. 33)1) 1962 s. 4(6); 1974 ss. 121(6), 122(6); 1980 Sch. 19 para. 13(2). (2) 1974 ss. 121(7), 122(7); 1980 Sch. 19 para. 13(3); R.28. 34 1962 s. 5(2); 1968 (c. 23) Sch. 15; 1972 (c. 70) s. 222(1); 1974 s. 121(8); 1977 (c. 42) s. 149(2), Sch. 23 para. 32, Sch. 24 para. 30. 35(1), (2) 1972 s. 103; 1975 s. 17(11), Sch. 5 para. 7(1); S.I. 1972/1204; S.I. 1975/512; R.29. 36 1961 s. 32(5); 1974 ss. 121(9), 125(2); 1975 s. 11(11) “new letting”; drafting. 37 1962 s. 6(1)(a); 1974 ss. 121(9), 122(8), 125(2); 1976 (c. 80) Sch. 8 para. 31; 1977 (c. 42) Sch. 23 para. 66; 1980 Sch. 19 para. 18; R.14(i). 38 “address” 1962 s. 6(2); 1974 ss. 121(3), 122(3), Sch. 13 para. 9. “co-operative housing association” 1977 (c. 42) s. 15(3)(d); 1980 s. 80(1)(b); drafting. “dwelling” 1974 s. 129(1) “dwelling”; 1975 s. 16(1) “dwelling”. “housing association” 1977 (c. 42) s. 15(3)(a); 1980 s. 80(1)(b). “local authority” 1975 ss. 11(11), 16(1) “local authority”; 1977 (c. 42) s. 14(1)(a)-(c); 1980 s. 80(1)(c); 1985 (c. 51 Sch. 13 para. 21, Sch. 14 paras. 56, 58 (h). “local housing authority” 1962 s. 5(2); 1968 (c. 23) Sch. 15; 1974 s. 121(8); S.I. 1975/512; 1977 (c. 42) s. 149(2), Sch. 23 para. 32, Sch. 24 para. 30; 1980 s. 50(1) “local authority”, Sch. 19 para. 14(1)(a). “new town corporation” 1977 (c. 42) s. 14(d), (e); 1980 ss. 50(1) “development corporation”, 80(1)(c), Sch. 19 para. 14(1)(a), (c); 1981 (c. 64;) Sch. 12 para. 24; drafting. “protected tenancy” 1962 s. 2(1); 1968 (c. 23) Sch. 15; 1977 (c. 42) Sch. 23 para. 31(b), Sch. 24 para. 30. “registered” 1977 (c. 42) s. 15(3)(a); 1980 s. 80(1)(b). “restricted contract” 1962 s. 2(1); 1977 (c. 42) Sch. 23 para. 31(a). “urban development corporation” 1977 (c. 42) s. 14(1)(g); 1980 s. 80(1)(c); 1980 (c. 65) s. 155(1). 39 drafting. 40 drafting.
The following abbreviations are used in this Table:— 1957 = The Housing Act 1957 (c. 56). 1961 = The Housing Act 1961 (c. 65). 1962 = The Landlord and Tenant Act 1962 (c. 50). 1963 (c. 33) = The London Government Act 1963. 1968 (c. 23) = The Rent Act, 1968. 1969 = The Housing Act 1969 (c. 33). 1972 (c. 70) = The Local Government Act 1972. 1974 = The Housing Act 1974 (c. 44). 1975 = The Housing Rents and Subsidies Act 1975 (c. 6). 1976 (c. 80) = The Rent (Agriculture) Act 1976. 1977 (c. 42) = The Rent Act 1977. 1980 = The Housing Act 1980 (c. 51). 1980 (c. 65) = The Local Government, Planning and Land Act 1980. 1981 (c. 64) = The New Towns Act 1981. 1982 (c. 48) = The Criminal Justice Act 1982. 1985 (c. 9) = The Companies Consolidation (Consequential Provisions) Act 1985. 1985(c. 51) = The Local Government Act 1985. S.I. 1975/512 = The Isles of Scilly (Housing) Order 1975.
The Table does not show the effect of Transfer of Functions Orders.
The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commissions' Report of the Consolidation of the Housing Acts (Cmnd. 9515).
The entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance, a provision introducing the provisions which follow or introducing a definition to avoid undue repetition of the defining words.
This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building.
In the lease there is implied a covenant by the landlord—
where the landlord is an accountable person for the higher-risk building, to comply with their building safety duties;
to cooperate with any person in connection with a relevant person complying with their building safety duties;
where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the landlord.
In the lease there is implied a covenant by the tenant—
to allow the landlord, a relevant person or a person authorised in writing by the landlord or a relevant person to enter the premises for a relevant building safety purpose;
where the tenant is a resident of the higher-risk building, to comply with their duties under sections 95 and 97 of the Building Safety Act 2022;
where a special measures order in relation to the higher-risk building is in force, to comply with that order so far as it relates to the tenant.
In the covenant implied by subsection (2)(b), “cooperate”, in relation to a person, includes—
taking any steps which are reasonably required by the person to facilitate compliance by a relevant person with their building safety duties;
where the person is a relevant person (or a person authorised in writing by a relevant person), providing any information (including names and contact details of residents and tenants of the premises) to the person which is reasonably required in connection with the relevant person complying with their building safety duties.
In the covenant implied by subsection (3)(a), a relevant building safety purpose means—
inspecting the premises in connection with a relevant person complying with their building safety duties;
carrying out works to the premises, where such works are required to be carried out in connection with a relevant person complying with their building safety duties;
accessing a part of the higher-risk building that is not let to the tenant in order to—
inspect that part of the building in connection with a relevant person complying with their building safety duties;
carry out works to that part of the building, where such works are required to be carried out in connection with a relevant person complying with their building safety duties.
The covenant implied by subsection (3)(a) requires entry to the premises to be allowed—
only at reasonable times, and
only if the tenant has been given at least 48 hours’ notice in writing.
Except as provided by subsection (8), the disclosure of information in accordance with subsections (2)(b) and (4)(b) does not breach—
any obligation of confidence owed by the landlord in relation to that information;
any other restriction on the disclosure of information (however imposed).
Subsections (2)(b) and (4)(b) do not require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duty imposed by subsections (2)(b) and (4)(b)).
In this section—
This section applies to a relevant lease of premises which consist of or include a dwelling in a higher-risk building.
In this section “relevant lease”—
means a lease—
that is granted for a term certain of 7 years or more, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, and
under which the tenant is liable to pay a service charge (within the meaning of section 18), but
does not include a relevant social housing tenancy.
The relevant lease has effect—
as if the matters for which the service charge is payable under the lease included the taking of building safety measures by or on behalf of a relevant person (insofar as this would not otherwise be the case), and
where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided for any costs for which the tenant is liable by virtue only of paragraph (a) to be apportioned in the same way as costs incurred in connection with insuring the building.
“Building safety measure” means any of the following—
applying for registration of a higher-risk building in accordance with section 78 of the Building Safety Act 2022;
applying for a building assessment certificate in accordance with section 79 of that Act;
displaying a building assessment certificate in accordance with section 82 of that Act;
assessing building safety risks in accordance with section 83 of that Act;
taking reasonable steps in accordance with section 84 of that Act (management of building safety risks), other than steps involving the carrying out of works as referred to in section 84(2);
preparing and revising a safety case report in accordance with section 85 of that Act;
notifying the regulator of a safety case report, and giving a copy of a safety case report to the regulator, in accordance with section 86 of that Act;
establishing and operating a mandatory occurrence reporting system, and giving information to the regulator, in accordance with section 87 of that Act;
keeping information and documents in accordance with section 88 of that Act;
giving information and documents to any person in accordance with section 89, 90 or 92 of that Act;
complying with any duty under section 91 of that Act (residents’ engagement strategy);
establishing and operating a system for the investigation of complaints in accordance with section 93 of that Act;
giving a contravention notice to a resident, and making an application to the county court, in accordance with section 96 of that Act;
making a request to enter premises, or making an application to the county court, in accordance with section 97 of that Act (access to premises).
For the purposes of this section any of the following incurred in connection with the taking of a building safety measure are to be regarded as incurred in taking the measure—
legal and other professional fees;
fees payable to the regulator;
management costs.
In this section—
The Secretary of State may by regulations made by statutory instrument amend subsection (4) so as to add, remove or modify a building safety measure.
The regulations may make incidental, transitional or saving provision.
A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building if—
the landlord is an accountable person for the building,
the landlord is—
a resident management company within the meaning of section 111 of the Building Safety Act 2022, or
an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage), and
the tenant is liable to pay a service charge.
The lease has effect—
as if it contained provision authorising the appointment of a person (whether or not a leaseholder or a resident of the building) as a director of the landlord for a building safety purpose,
as if the matters for which the service charge is payable under the lease included remunerating any director of the landlord appointed for a building safety purpose (insofar as this would not otherwise be the case), and
where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided that any costs for which the tenant is liable by virtue only of paragraph (b) to be apportioned in the same way as costs incurred in connection with insuring the building.
In this section—
A covenant or agreement, whether contained in a lease to which section 30C (implied terms) 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 landlord or the tenant under section 30C, or
to authorise any forfeiture or impose on the tenant any penalty, disability or obligation in the event of the tenant enforcing or relying upon the obligations of the landlord.
A covenant or agreement, whether contained in a lease to which section 30D or 30E applies or in an agreement collateral to such a lease, is void insofar as it purports to modify the effect of section 30D(3) or 30E(2).
The county court has jurisdiction to deal with any claim or other proceedings arising under or in connection with any of sections 30C to 30E (implied terms etc) notwithstanding that by reason of the amount of the claim or otherwise the case would not, apart from this section, be within the jurisdiction of the county court.
In proceedings relating to a breach of a covenant in section 30C(2) or (3) (implied building safety terms), the court may order specific performance of the covenant—
notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise, and
in the case of a breach of a covenant in section 30C(2) or (3)(b) or (c), whether or not the breach relates to a part of the higher-risk building let to the tenant.
In sections 30C to 30H—
Section 30A
In this Schedule—
Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may by notice in writing require the landlord to supply him with a written summary of the insurance for the time being effected in relation to the dwelling. If the tenant is represented by a recognised tenants’ association and he consents, the notice may be served by the secretary of the association instead of by the tenant and may then be for the supply of the summary to the secretary. A notice under this paragraph is duly served on the landlord if it is served on— and a person on whom such a notice is so served shall forward it as soon as may be to the landlord. The landlord shall, within the period of twenty-one days beginning with the day on which he receives the notice, comply with it by supplying to the tenant or the secretary of the recognised tenants’ association (as the case may require) such a summary as is mentioned in sub-paragraph (1), which shall include— In sub-paragraph (4)(a) “the insured amount or amounts”, in relation to a relevant policy, means— The landlord shall be taken to have complied with the notice if, within the period mentioned in sub-paragraph (4), he instead supplies to the tenant or the secretary (as the case may require) a copy of every relevant policy. In a case where two or more buildings are insured under any relevant policy, the summary or copy supplied under sub-paragraph (4) or (6) so far as relating to that policy need only be of such parts of the policy as relate—
Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may by notice in writing require the landlord— If the tenant is represented by a recognised tenants’ association and he consents, the notice may be served by the secretary of the association instead of by the tenant (and in that case any requirement imposed by it is to afford reasonable facilities, or to send copies or extracts, to the secretary). A notice under this paragraph is duly served on the landlord if it is served on— and a person on whom such a notice is so served shall forward it as soon as may be to the landlord. The landlord shall comply with a requirement imposed by a notice under this paragraph within the period of twenty-one days beginning with the day on which he receives the notice. To the extent that a notice under this paragraph requires the landlord to afford facilities for inspecting documents— The landlord may make a reasonable charge for doing anything else in compliance with a requirement imposed by a notice under this paragraph. In this paragraph—
If a notice is served under paragraph 2 in a case where a superior landlord has effected, in whole or in part, the insurance of the dwelling in question and the landlord on whom the notice is served is not in possession of the relevant information— If, in a case where a superior landlord has effected, in whole or in part, the insurance of the dwelling in question, a notice under paragraph 3 imposes a requirement relating to any policy of insurance effected by the superior landlord—
This paragraph applies where, at a time when a duty imposed on the landlord or a superior landlord by virtue of any of paragraphs 2 to 4 remains to be discharged by him, he disposes of the whole or part of his interest as landlord or superior landlord). If the landlord or superior landlord is, despite the disposal, still in a position to discharge the duty to any extent, he remains responsible for discharging it to that extent. If the other person is in a position to discharge the duty to any extent, he is responsible for discharging it to that extent. Where the other person is responsible for discharging the duty to any extent (whether or not the landlord or superior landlord is also responsible for discharging it to that or any other extent)—
The assignment of a tenancy does not affect any duty imposed by virtue of any of paragraphs 2 to 4A; but a person is not required to comply with more than a reasonable number of requirements imposed by any one person.
It is a summary offence for a person to fail, without reasonable excuse, to perform a duty imposed on him by or by virtue of any of paragraphs 2 to 4A. A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale.
This paragraph applies to any dwelling in respect of which the tenant pays to the landlord a service charge consisting of or including an amount payable directly or indirectly for insurance. Where— the tenant may, within that specified period, serve on the insurer a notice in writing stating that it appears to him that damage has been caused as mentioned in paragraph (a) and describing briefly the nature of the damage. Where— the policy in question shall have effect as regards any claim subsequently made in respect of that damage by the person insured under the policy as if for the specified period there were substituted that period of six months. Where the tenancy of a dwelling to which this paragraph applies is held by joint tenants, a single notice under this paragraph may be given by any one or more of those tenants. The Secretary of State may by regulations prescribe the form of notices under this paragraph and the particulars which such notices must contain. Any such regulations—
This paragraph applies where a tenancy of a dwelling requires the tenant to insure the dwelling with an insurer nominated or approvedby the landlord. The tenant or landlord may apply to the county court or the appropriate tribunal for a determination whether— No such application may be made in respect of a matter which— On an application under this paragraph the court or tribunal may make— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An agreement by the tenant of a dwelling (other than an arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question which may be the subject of an application under this paragraph.