Homes (Fitness for Human Habitation) Act 2018

JurisdictionUK Non-devolved
Citation2018 c. 34
Year2018
(1) The Landlord and Tenant Act 1985 is amended in accordance with subsections (2) to (5) .in the heading, after “habitation” insert “ : Wales ”;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—
    (9A) Fitness for human habitation of dwellings in England
  • “(1) 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—
  • (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.
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, andwill remain fit for human habitation during the term of the lease.the duty of the lessee to use the premises in a tenant-like manner, oran 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 lessee's own breach of covenant, ordisrepair 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) .to exclude or limit the obligations of the lessor under the implied covenant, orto 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.only at reasonable times of the day, andonly if at least 24 hours' notice in writing has been given to the occupier of the dwelling.In this section—
  • common parts” has the meaning given by section 60(1) of the Landlord and Tenant Act 1987;
  • lease” does not include a mortgage term;
  • lessee” means the person for the time being entitled to the term of a lease;
  • lessor” means the person for the time being entitled to the reversion expectant on...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT