Homes (Fitness for Human Habitation) Act 2018

Document Number:2018 CHAPTER 34
 
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An Act to amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Fitness for human habitation

(1) The Landlord and Tenant Act 1985 is amended in accordance with subsections (2) to (5).

(2) In section 8 (implied terms as to fitness for human habitation)—

(a) in the heading, after “habitation” insert “: Wales”;

(b) in subsection (1) , after “house”, in the first place it occurs, insert “in Wales”.

(3) After section 9 (application of section 8 to certain houses occupied by agricultural workers) insert—

“9 AFitness for human habitation of dwellings in England

(1) In a lease to which this section applies of a dwelling in England (see section 9 B) , there is implied a covenant by the lessor that the dwelling—

(a) 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

(b) will remain fit for human habitation during the term of the lease.

(2) The implied covenant is not to be taken as requiring the lessor—

(a) to carry out works or repairs for which the lessee is liable by virtue of—

(i) the duty of the lessee to use the premises in a tenant-like manner, or

(ii) an express covenant of the lessee of substantially the same effect as that duty;

(b) to rebuild or reinstate the dwelling in the case of destruction or damage by fire, storm, flood or other inevitable accident;

(c) to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling;

(d) 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);

(e) 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.

(3) 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—

(a) the lessee’s own breach of covenant, or

(b) disrepair which the lessor is not obliged to...

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