Landlord and Tenant Act 1985

• (b) the lease is of a kind mentioned in subsection (1A) , (1AA) or (1AB) of section 13 (certain leases to which section 11 applies).

This is subject as follows.

• (2) Section 9A does not apply to any lease of a kind mentioned in section 14 (exceptions for leases to which section 11 applies).

• (3) Except as mentioned in subsections (4), (5) and (6), section 9A does not apply to a lease granted—

• (a) before the commencement date, or

• (b) on or after that date in pursuance of an agreement entered into, or an order of a court made, before the commencement date.

• (4) 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—

• (a) 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

• (b) subsection (1)(b) of that section has effect only in respect of times falling after the end of that 12 month period.

• (5) 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.

• (6) Section 9A applies to a lease for a fixed term which—

• (a) is granted or renewed before the commencement date, and

• (b) is renewed for a further fixed term on or after that date,

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.

• (7) For the purposes of subsection (1) it is immaterial—

• (a) whether the dwelling is to be occupied under the lease or under an inferior lease derived out of it, or

• (b) that the lease also demises other property (which may consist of or include one or more other dwellings).

• (8) In determining for the purposes of subsection (1)(a) whether a lease is for a term of less than 7 years—

• (a) 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;

• (b) 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;

• (c) 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.

• (9) In this section—

• “the commencement date” means the date on which the Homes (Fitness for Human Habitation) Act 2018 comes into force;

• “lease”, “lessee” and “lessor” have the same meanings as in section 9A;

• “secure tenancy” has the meaning given by section 79 of the Housing Act 1985.

9C

• (1) This section applies where under a contract of employment of a worker employed in agriculture—

• (a) the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and

• (b) 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.

• (2) 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.

• (3) The provisions of section 9A apply accordingly—

• (a) with the substitution of “employer” and “employee” for “lessor” and “lessee”, and

• (b) with such other modifications as may be necessary.

• (4) This section does not affect—

• (a) 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

• (b) any remedy for enforcing such an obligation.

Limitation of service charges: remediation works

20D

• (1) This section applies to works of a prescribed description (“remediation works”) on a building in England of a prescribed description.

• (2) The landlord must—

• (a) take reasonable steps to ascertain whether any grant is payable in respect of the remediation works and, if so, to obtain the grant;

• (b) 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;

• (c) take prescribed steps relating to any other prescribed kind of funding.

• (3) In subsection (2)(b) the reference to obtaining monies from a third party includes obtaining monies—

• (a) under a policy of insurance;

• (b) under a guarantee or indemnity;

• (c) pursuant to a claim made against—

• (i) a developer;

• (ii) a person involved in the design of the building or of works to the building; or

• (iii) a person involved in carrying out works in relation to the building.

• (4) 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).

• (5) 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—

• (a) the tenant, or

• (b) anyone else specified in the application.

• (6) An application is to be made to the prescribed court or tribunal.

• (7) 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.

• (8) Nothing in this section requires the landlord to do anything mentioned in subsection (2) before carrying out remediation works.

• (9) The Secretary of State may issue guidance about the taking of steps under subsection (2), and may revise or withdraw any issued guidance.

• (10) Where on an application under this section it is alleged that a person failed to comply with subsection (2)—

• (a) 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

• (b) proof of compliance with any applicable guidance may be relied on as tending to establish that there was no such failure.

• (11) In this section—

• “developer”, in relation to a building, means a person who undertakes or commissions the construction or conversion of the building with a view to granting or disposing of interests in the building (or parts of it);

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “remediation costs” means costs incurred or to be incurred in carrying out the remediation works;

• “third party” means a person other than a tenant.

20E

• (1) In this section “regulations” means regulations under section 20D.

• (2) Regulations are to be made by statutory instrument.

• (3) A power to make regulations includes power to make—

• (a) incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (4) A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

20F

• (1) This section applies in relation to a lease to which section 30D (higher-risk buildings: building safety costs) applies.

• (2) 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.

• (3) 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—

• (a) 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;

• (b) legal costs incurred or to be incurred by or on behalf of a relevant person in connection with special measures order proceedings;

• (c) 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;

• (d) 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.

• (4) In this section—

• “building safety measures” has the meaning given by section 30D;

• “enforcement action” means action taken with a view to, or in connection with—securing compliance with Part 4 of the Building Safety Act 2022 or regulations made under that Part, orthe imposition of a sanction in respect of a contravention of that Part or those regulations;

• “the regulator” has the meaning given by section 115 of the Building Safety Act 2022;

• “relevant person” means—where the landlord under the lease is an accountable person for the higher-risk building, the landlord or a special measures manager for the higher-risk building;where the landlord is not such an accountable person, any superior landlord who is an accountable person for the higher-risk building or a special measures manager for the higher-risk building;

• “special measures order proceedings” means any proceedings relating to the making, variation or discharge of, or the giving of directions in relation to, a special measures order under Schedule 7 to the Building Safety Act 2022 (including any appeals in relation to such proceedings).

• (5) Regulations under this section are to be made by statutory instrument.

• (6) A power to make regulations includes power to make—

• (a) incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Higher-risk buildings in England

Implied terms relating to building safety

30C

• (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.

Liability for building safety costs

30D

• (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.

Liability for remuneration of building safety director of resident management company etc

30E

• (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.

30F

• (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).

30G

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.

Specific performance of implied terms

30H

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—

• (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.

Interpretation of building safety provisions

30I

In 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.

Implied term as to remedying of hazards

10A

• (1) This section applies to a lease of a dwelling if—

• (a) the dwelling is in England,

• (b) the lease is a relevant social housing lease, and

• (c) section 9A—

• (i) applies to the lease (see section 9B), or

• (ii) would apply to the lease if the provision in section 9B(3) did not exist.

• (2) 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.

• (3) 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.

• (4) Regulations under subsection (3) are enforceable against lessors only through actions for breach of the covenant that is implied by subsection (2).

• (5) 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.

• (6) For the purposes of this section a lease is a “relevant social housing lease” at any time when—

• (a) the lessor under the lease is a registered provider of social housing, and

• (b) the dwelling leased under the lease—

• (i) is social housing, but

• (ii) is not low cost home ownership accommodation.

• (7) In this section and section 10B—

• “lease”, “lessor” and “lessee” have the same meanings as in section 9A (see section 9A(9));

• “low cost home ownership accommodation” has the meaning given in section 70 of the Housing and Regeneration Act 2008;

• “prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3));

• “prescribed requirement” means a requirement prescribed in regulations under subsection (3);

• “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).

10B

• (1) Regulations under section 10A(3) may apply to—

• (a) leases granted before the day when section 42 of the Social Housing (Regulation) Act 2023 came into force;

• (b) prescribed hazards which began before that day;

• (c) only some descriptions of prescribed hazards.

• (2) Regulations under section 10A(3) may—

• (a) 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);

• (b) specify two (or more) periods in relation to particular action.

• (3) Regulations under section 10A(3) may (in particular)—

• (a) require the lessor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard;

• (b) 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—

• (i) to investigate whether or how a prescribed hazard is affecting the leased dwelling, or

• (ii) to secure that the lessee and any other members of the lessee’s household are provided with alternative accommodation at no cost to them;

• (c) require the lessor to take action in relation to a prescribed hazard only—

• (i) in particular circumstances, or

• (ii) if particular conditions are met;

• (d) provide that the lessor is not required to take action in relation to a prescribed hazard—

• (i) in particular circumstances, or

• (ii) if particular conditions are met.

• (4) The Secretary of State may by regulations—

• (a) provide for section 10A not to apply to particular descriptions of leases;

• (b) 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).

• (5) A power to make regulations under section 10A or this section includes power to make—

• (a) incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (6) 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)—

• (a) begins to be implied in a lease after its grant because it becomes a relevant social housing lease;

• (b) 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).

• (7) Regulations under section 10A or this section are to be made by statutory instrument.

• (8) 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.

20J

• (1) 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.

• (2) A lease, contract or other arrangement is of no effect to the extent it makes provision to the contrary.

• (3) In this section and section 20K—

• “the 1967 Act” means the Leasehold Reform Act 1967;

• “the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993;

• “the 2002 Act” means the Commonhold and Leasehold Reform Act 2002;

• “non-litigation costs” means costs incurred, or to be incurred, other than in connection with proceedings before a court or tribunal;

• “non-participating tenant”, in relation to a relevant claim, means a tenant who is not a participating tenant;

• “participating tenant”, in relation to a relevant claim, means a tenant who—in the case of a claim under Part 1 of the 1967 Act or Chapter 1 or 2 of Part 1 of the 1993 Act, is making the claim;in the case of a claim under Chapter 1 of Part 2 of the 2002 Act, is or has been a member of the RTM company making the claim;

• “relevant claim” means—a claim under Part 1 of the 1967 Act (enfranchisement and extension of leases of houses);a claim under Chapter 1 or 2 of Part 1 of the 1993 Act (enfranchisement and extension of leases of flats);a claim under Chapter 1 of Part 2 of the 2002 Act (right to manage);

• “RTM company” has the same meaning as in Chapter 1 of Part 2 of the 2002 Act (see section 71 of that Act).

• (4) 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—

• (a) section 19A of the 1967 Act;

• (b) section 89A of the 1993 Act;

• (c) section 87A of the 2002 Act.

20K

• (1) 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.

• (2) For the purposes of this section, a “prohibited amount” is an amount that is—

• (a) demanded as a variable service charge, and

• (b) attributable to non-litigation costs incurred, or to be incurred, in connection with the claim.

• (3) 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.