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In force since 2026-06-29, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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No one has proposed a change to this act yet.
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.
Propose a change(1) 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. (2) A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale. (3) Subsection (1) does not apply where the person is— (a) a local authority for an area in Wales, or (b) a registered social landlord.
Propose a change(1) 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. (2) The following are long tenancies for the purposes of subsection (1), subject to subsection (3)— (a) 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; (b) 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; (c) 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). (3) 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— (a) 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, (b) 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 (c) 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.
Propose a changeSections 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.
Propose a change(1) An application may be made to the appropriate tribunal for a determination whether a service charge is payable and, if it is, as to— (a) the person by whom it is payable, (b) the person to whom it is payable, (c) the amount which is payable, (d) the date at or by which it is payable, and (e) the manner in which it is payable. (2) Subsection (1) applies whether or not any payment has been made. (3) 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— (a) the person by whom it would be payable, (b) the person to whom it would be payable, (c) the amount which would be payable, (d) the date at or by which it would be payable, and (e) the manner in which it would be payable. (4) No application under subsection (1) or (3) may be made in respect of a matter which— (a) has been agreed or admitted by the tenant, (b) has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which the tenant is a party, (c) has been the subject of determination by a court, or (d) has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement. (5) But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment. (6) 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— (a) in a particular manner, or (b) on particular evidence, of any question which may be the subject of an application under subsection (1) or (3). (7) 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.
Propose a change(1) 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. (2) A person has the necessary qualification if he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The following are disqualified from acting— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) an officer , employee or partner of the landlord or, where the landlord is a company, of an associated company; (c) a person who is a partner or employee of any such officer or employee. (d) 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; (e) an employee or partner of any such agent. (5) 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. (5A) 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. (6) Where the landlord is a local authority National Park Authorityor a new town corporation— (a) the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and (b) subsection (4)(b) (disqualification of officers and employees of landlord) does not apply.
Propose a change(1) 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— (a) by notice in writing given by the landlord to the secretary of the association, or (b) by a certificate— (i) in relation to dwellings in England, of the First-tier Tribunal; and (ii) in relation to dwellings in Wales, of a member of the local rent assessment committee panel. (2) 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. (3) 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. (4) 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.. (5) The Secretary of State may by regulations specify— (a) 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); (b) the matters to which regard is to be had in giving or cancelling a certificate under subsection (1)(b); (c) the duration of such a certificate; and (d) any circumstances in which a certificate is not to be given under subsection (1)(b). (6) Regulations under subsection (5)— (a) may make different provisions with respect to different cases or descriptions of case, including different provision for different areas, and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) 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. (2) The regulations may— (a) make provision about the tenants about whom information must be provided and what information must be provided; (b) require a landlord to seek the consent of a tenant to the provision of information about that tenant; (c) require a landlord to identify how many tenants have not consented. (3) The regulations may— (a) authorise a landlord to charge costs specified in or determined in accordance with the regulations; (b) impose time limits on a landlord for the taking of any steps under the regulations; (c) 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); (d) make other provision as to the procedure in connection with anything authorised or required by the regulations. (4) 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. (5) The regulations may include supplementary, incidental, transitional or saving provision. (6) Regulations under this section are to be made by statutory instrument. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) 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.
Propose a changeIn 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 (a) a statutory tenant, and (b) where the dwelling or part of it is sub-let, the sub-tenant.
Propose a changeThe Schedule to this Act (which confers on tenants certain rights with respect to the insurance of their dwellings) shall have effect.
Propose a change(1) 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. (2) 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— (a) the name of the proposed managing agent; (b) 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 (c) 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. (3) 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— (a) the landlord’s obligations to the tenants represented by the association which the managing agent is required to discharge on his behalf; and (b) 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. (4) 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— (a) serve on that association at least once in every five years a notice specifying— (i) 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 (ii) 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; (b) 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). (5) 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. (6) Where— (a) a recognised tenants’ association has served a notice under subsection (1) with respect to any relevant premises, and (b) the interest of the landlord in those premises becomes vested in a new landlord, 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). (7) 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. (8) In this section— “landlord”, in relation to a recognised tenants’ association, means the immediate landlord of the tenants represented by the association or a person who has a right to enforce payment of service charges payable by any of those tenants; “managing agent”, in relation to any relevant premises, means an agent of the landlord appointed to discharge any of the landlord’s obligations to the tenants represented by the recognised tenants’ association in question which relate to the management by him of those premises; and “tenant” includes a statutory tenant; 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.
Propose a change(1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building. (2) In the lease there is implied a covenant by the landlord— (a) where the landlord is an accountable person for the higher-risk building, to comply with their building safety duties; (b) to cooperate with any person in connection with a relevant person complying with their building safety duties; (c) 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. (3) In the lease there is implied a covenant by the tenant— (a) 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; (b) 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; (c) 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. (4) In the covenant implied by subsection (2)(b), “cooperate”, in relation to a person, includes— (a) taking any steps which are reasonably required by the person to facilitate compliance by a relevant person with their building safety duties; (b) 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. (5) In the covenant implied by subsection (3)(a), a relevant building safety purpose means— (a) inspecting the premises in connection with a relevant person complying with their building safety duties; (b) 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; (c) accessing a part of the higher-risk building that is not let to the tenant in order to— (i) inspect that part of the building in connection with a relevant person complying with their building safety duties; (ii) 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. (6) The covenant implied by subsection (3)(a) requires entry to the premises to be allowed— (a) only at reasonable times, and (b) only if the tenant has been given at least 48 hours’ notice in writing. (7) Except as provided by subsection (8), the disclosure of information in accordance with subsections (2)(b) and (4)(b) does not breach— (a) any obligation of confidence owed by the landlord in relation to that information; (b) any other restriction on the disclosure of information (however imposed). (8) 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)). (9) In this section— “building safety duties”— 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; in relation to a special measures manager, means any duties of the manager included in the special measures order appointing the manager; “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “relevant person” means— an accountable person for the higher-risk building; a special measures manager for the higher-risk building; “resident” and “resident of a higher-risk building” have the same meaning as in Part 4 of the Building Safety Act 2022 (see section 71(3) and (4)(c) of that Act); “works” includes alterations, improvements and installations.
Propose a change(1) This section applies to a relevant lease of premises which consist of or include a dwelling in a higher-risk building. (2) In this section “relevant lease”— (a) means a lease— (i) 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 (ii) under which the tenant is liable to pay a service charge (within the meaning of section 18), but (b) does not include a relevant social housing tenancy. (3) The relevant lease has effect— (a) 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 (b) 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. (4) “Building safety measure” means any of the following— (a) applying for registration of a higher-risk building in accordance with section 78 of the Building Safety Act 2022; (b) applying for a building assessment certificate in accordance with section 79 of that Act; (c) displaying a building assessment certificate in accordance with section 82 of that Act; (d) assessing building safety risks in accordance with section 83 of that Act; (e) 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); (f) preparing and revising a safety case report in accordance with section 85 of that Act; (g) 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; (h) establishing and operating a mandatory occurrence reporting system, and giving information to the regulator, in accordance with section 87 of that Act; (i) keeping information and documents in accordance with section 88 of that Act; (j) giving information and documents to any person in accordance with section 89, 90 or 92 of that Act; (k) complying with any duty under section 91 of that Act (residents’ engagement strategy); (l) establishing and operating a system for the investigation of complaints in accordance with section 93 of that Act; (m) giving a contravention notice to a resident, and making an application to the county court, in accordance with section 96 of that Act; (n) 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). (5) 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— (a) legal and other professional fees; (b) fees payable to the regulator; (c) management costs. (6) In this section— “landlord” includes any person who has a right under the lease to enforce payment of a service charge (within the meaning of section 18); “relevant person” means— if the landlord is an accountable person for the building, the landlord or a special measures manager for the building; otherwise, any superior landlord who is an accountable person for the building or a special measures manager for the building; “relevant social housing tenancy” has the meaning given in section 132 of the Land Registration Act 2002; “tenant” includes any person who has an obligation under the lease to pay a service charge (within the meaning of section 18). (7) 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. (8) The regulations may make incidental, transitional or saving provision. (9) 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.
Propose a change(1) This section applies to a lease of premises which consist of or include a dwelling in a higher-risk building if— (a) the landlord is an accountable person for the building, (b) the landlord is— (i) a resident management company within the meaning of section 111 of the Building Safety Act 2022, or (ii) an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage), and (c) the tenant is liable to pay a service charge. (2) The lease has effect— (a) 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, (b) 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 (c) 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. (3) In this section— “building safety purpose” means the purpose of supporting the landlord in complying with its duties under Part 4 of the Building Safety Act 2022 or under regulations made under that Part; “landlord” includes any person who has a right under the lease to enforce payment of a service charge; “service charge” has the meaning given by section 18; “tenant” includes any person who has an obligation under the lease to pay a service charge.
Propose a change(1) 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— (a) to exclude or limit the obligations of the landlord or the tenant under section 30C, or (b) 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. (2) 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).
Propose a changeThe 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.
Propose a changeIn 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— (a) notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise, and (b) 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.
Propose a changeIn sections 30C to 30H— “accountable person” has the meaning given in section 115 of the Building Safety Act 2022; “higher-risk building” has the meaning given in section 115 of that Act; “lease” does not include a mortgage term; “special measures manager” has the meaning given in paragraph 1 of Schedule 7 to the Building Safety Act 2022; “special measures order” has the meaning given in paragraph 1 of Schedule 7 to that Act.
Propose a change(1) The Secretary of State may by order provide for— (a) restricting or preventing increases of rent for dwellings which would otherwise take place, or (b) restricting the amount of rent which would otherwise be payable on new lettings of dwellings; and may provide either generally or in relation to any specified description of dwelling. (2) 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. (3) In this section— “new letting” includes any grant of a tenancy, whether or not the premises were previously let, and any grant of a licence; “rent” includes a sum payable under a licence, but does not include a sum attributable to rates or council tax or, in the case of dwellings of local authorities National Park authority or new town corporations, to the use of furniture, or the provision of services; 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. (4) 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.
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Propose a change(1) 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). (2) 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). In this subsection “existing tenant”, “former tenant still in possession” and “previous lease” have the same meaning as in section 14(2). (3) 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.
Propose a change(1) Where an offence under this Act which has been committed by a body corporate is proved— (a) 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 (b) to be attributable to any neglect on the part of such an officer or person, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly. (2) 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.
Propose a changeProceedings for an offence under any provision of this Act may be brought by a local housing authority.
Propose a change(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct. (2) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) In this Act “lease” and “tenancy” have the same meaning. (2) Both expressions include— (a) a sub-lease or sub-tenancy, and (b) an agreement for a lease or tenancy (or sub-lease or sub-tenancy). (3) 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.
Propose a changeIn this Act— (a) “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 (b) “landlord”, in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the premises.
Propose a changeIn this Act— “address” means a person’s place of abode or place of business or, in the case of a company, its registered office; “appropriate tribunal” means— in relation to a dwelling in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to a dwelling in Wales, a leasehold valuation tribunal; “arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the Arbitration Act 1996 and post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen;; “co-operative housing association” has the same meaning as in the Housing Associations Act 1985; “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it; “housing association” has the same meaning as in the Housing Associations Act 1985; “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; “local housing authority” has the meaning given by section 1 of the Housing Act 1985; “new town corporation” means— a development corporation established by an order made, or treated as made, under the New Towns Act 1981, 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, the Greater London Authority so far as exercising its new towns and urban development functions, or the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981; “protected tenancy” has the same meaning as in the Rent Act 1977; “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act); “restricted contract” has the same meaning as in the Rent Act 1977; “urban development corporation” has the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980.
Propose a changeThe 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
Propose a change(1) This Act may be cited as the Landlord and Tenant Act 1985. (2) This Act comes into force on 1st April 1986. (3) This Act extends to England and Wales.
Propose a changeSection 30A Construction 1 In this Schedule— “landlord”, in relation to a tenant by whom a service charge is payable which includes an amount payable directly or indirectly for insurance, includes any person who has a right to enforce payment of that service charge; “relevant policy”, in relation to a dwelling, means any policy of insurance under which the dwelling is insured (being, in the case of a flat, a policy covering the building containing it); and “tenant” includes a statutory tenant. . . . Summary of insurance cover 2 (1) 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. (2) 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. (3) A notice under this paragraph is duly served on the landlord if it is served on— (a) an agent of the landlord named as such in the rent book or similar document, or (b) the person who receives the rent on behalf of the landlord; and a person on whom such a notice is so served shall forward it as soon as may be to the landlord. (4) 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— (a) the insured amount or amounts under any relevant policy, and (b) the name of the insurer under any such policy, and (c) the risks in respect of which the dwelling or (as the case may be) the building containing it is insured under any such policy. (5) In sub-paragraph (4)(a) “the insured amount or amounts”, in relation to a relevant policy, means— (a) in the case of a dwelling other than a flat, the amount for which the dwelling is insured under the policy; and (b) in the case of a flat, the amount for which the building containing it is insured under the policy and, if specified in the policy, the amount for which the flat is insured under it. (6) 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. (7) 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— (a) to the dwelling, and (b) if the dwelling is a flat, to the building containing it. Request to inspect insurance policy etc. Inspection of insurance policy etc. 3 (1) 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— (a) to afford him reasonable facilities for inspecting any relevant policy or associated documents and for taking copies of or extracts from them, or (b) to take copies of or extracts from any such policy or documents and either send them to him or afford him reasonable facilities for collecting them (as he specifies). (2) 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). (3) A notice under this paragraph is duly served on the landlord if it is served on— (a) an agent of the landlord named as such in the rent book or similar document, or (b) the person who receives the rent on behalf of the landlord; and a person on whom such a notice is so served shall forward it as soon as may be to the landlord. (4) 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. (5) To the extent that a notice under this paragraph requires the landlord to afford facilities for inspecting documents— (a) he shall do so free of charge, but (b) he may treat as part of his costs of management any costs incurred by him in doing so. (6) The landlord may make a reasonable charge for doing anything else in compliance with a requirement imposed by a notice under this paragraph. (7) In this paragraph— “relevant policy” includes a policy of insurance under which the dwelling was insured for the period of insurance immediately preceding that current when the notice is served (being, in the case of a flat, a policy covering the building containing it), and “associated documents” means accounts, receipts or other documents which provide evidence of payment of any premiums due under a relevant policy in respect of the period of insurance which is current when the notice is served or the period of insurance immediately preceding that period. . . . Insurance effected by superior landlord 4 (1) 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— (a) he shall in turn by notice in writing require the person who is his landlord to give him the relevant information (and so on, if that person is not himself the superior landlord), (b) the superior landlord shall comply with the notice within a reasonable time, and (c) the immediate landlord shall then comply with the tenant’s or secretary’s notice in the manner provided by sub-paragraphs (4) to (7) of paragraph 2 within the time allowed by that paragraph or such further time, if any, as is reasonable in the circumstances. (2) 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— (a) the landlord on whom the notice is served shall forthwith inform the tenant or secretary of that fact and of the name and address of the superior landlord, and (b) that paragraph shall then apply to the superior landlord in relation to that policy as it applies to the immediate landlord. Effect of change of landlord 4A (1) 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). (2) 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. (3) If the other person is in a position to discharge the duty to any extent, he is responsible for discharging it to that extent. (4) 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)— (a) references to the landlord or superior landlord in paragraphs 2 to 4 are to, or include, the other person so far as is appropriate to reflect his responsibility for discharging the duty to that extent, but (b) in connection with its discharge by that person, paragraphs 2(4) and 3(4) apply as if the reference to the day on which the landlord receives the notice were to the date of the disposal referred to in sub-paragraph (1). Effect of assignment . . . 5 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. Offence of failure to comply 6 (1) 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. (2) A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale. Tenant’s right to notify insurers of possible claim 7 (1) 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. (2) Where— (a) it appears to the tenant of any such dwelling that damage has been caused— (i) to the dwelling, or (ii) if the dwelling is a flat, to the dwelling or to any other part of the building containing it, in respect of which a claim could be made under the terms of a policy of insurance, and (b) it is a term of that policy that the person insured under the policy should give notice of any claim under it to the insurer within a specified period, 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. (3) Where— (a) any such notice is served on an insurer by a tenant in relation to any such damage, and (b) the specified period referred to in sub-paragraph (2)(b) would expire earlier than the period of six months beginning with the date on which the notice is served, 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. (4) 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. (5) The Secretary of State may by regulations prescribe the form of notices under this paragraph and the particulars which such notices must contain. (6) Any such regulations— (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and (b) shall be made by statutory instrument. Right to challenge landlord’s choice of insurers 8 (1) This paragraph applies where a tenancy of a dwelling requires the tenant to insure the dwelling with an insurer nominated or approvedby the landlord. (2) The tenant or landlord may apply to the county court or the appropriate tribunal for a determination whether— (a) the insurance which is available from the nominated or approvedinsurer for insuring the tenant’s dwelling is unsatisfactory in any respect, or (b) the premiums payable in respect of any such insurance are excessive. (3) No such application may be made in respect of a matter which— (a) has been agreed or admitted by the tenant, (b) under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or (c) has been the subject of determination by a court or arbitral tribunal. (4) On an application under this paragraph the court or tribunal may make— (a) an order requiring the landlord to nominate or approve such other insurer as is specified in the order, or (b) an order requiring him to nominate or approveanother insurer who satisfies such requirements in relation to the insurance of the dwelling as are specified in the order. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) 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. Exception for tenants of certain public authorities 9 (1) Paragraphs 2 to 8 do not apply to 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 paragraphs 2 to 5 and 7 and 8 apply but paragraph 6 does not. (2) Subsections (2) and (3) of section 26 shall apply for the purposes of sub-paragraph (1) as they apply for the purposes of subsection (1) of that section. TABLE OF DERIVATIONS 1. The following abbreviations are used in this Table:— | Acts of Parliament 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. Subordinate legislation S.I. 1975/512 = The Isles of Scilly (Housing) Order 1975. 2. The Table does not show the effect of Transfer of Functions Orders. 3. 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). 4. 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. 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). Provision | Derivation 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”“a National Park 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” “a National Park authority” | 1975 ss. 11(11), 16(1) “local authority”“a National Park 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”“a National Park 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.
Propose a change