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An Act to consolidate certain provisions of the law of landlord and tenant formerly found in the Housing Acts, together with the Landlord and Tenant Act 1962, with amendments to give effect to recommendations of the Law Commission.
[30th October 1985]
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;—
C1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.
C2Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
C3Act amended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 2(3)
C4Act modified by S.I. 1988/1283, art. 2, Sch. para. 7
C5Act: definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2 , Sch. 14 para. 6)
Act :definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
I1Act not in force at Royal Assent: Act wholly in force at 1. 4. 1986
(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(3)In this section and section 2—
(a)“tenant” includes a statutory tenant; and
(b)“landlord” means the immediate landlord.
(1)Where a tenant is supplied under section 1 with the name and address of his landlord and the landlord is a body corporate, he may make a further written request to the landlord for the name and address of every director and of the secretary of the landlord.
(2)The landlord shall supply the tenant with a written statement of the information requested within the period of 21 days beginning with the day on which he receives the request.
(3)A request under this section is duly made to the landlord if it is made to—
(a)an agent of the landlord, or
(b)a person who demands the rent of the premises concerned:
and any such agent or person to whom such a request is made shall forward it to the landlord as soon as may be.
(4)A landlord who, without reasonable excuse, fails to comply with a request under this section, and a person who, without reasonable excuse, fails to comply with a requirement imposed on him by subsection (3), commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.
(2)If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—
(a)the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and
(b)a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.
(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
[F1(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.
(3B)In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when—
(a)notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or
(b)notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord,
whichever happens first.]
(4)In this section—
(a)“tenancy” includes a statutory tenancy, and
(b)references to the assignment of the landlord’s interest include any conveyance other than a mortgage or charge.
F1S. 3(3A)(3B) inserted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 50
(1)Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if—
(a)the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and
(b)the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied,
the landlord shall give also notice in writing to the tenant to the following effect.
(2)The notice shall state—
(a)that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied;
(b)that the tenant (together with other qualifying tenants) may have the right under that Part—
(i)to obtain information about the disposal, and
(ii)to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and
(c)the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part).
(3)A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.]
F1S. 3A inserted (1.10.1996) by 1996 c. 52, s. 93(1); S.I. 1996/2212, art. 2(2)(with Sch.)
(1)Where a tenant has a right to occupy premises as a residence in consideration of a rent payable weekly, the landlord shall provide a rent book or other similar document for use in respect of the premises.
(2)Subsection (1) does not apply to premises if the rent includes a payment in respect of board and the value of that board to the tenant forms a substantial proportion of the whole rent.
(3)In this section and sections 5 to 7—
(a)“tenant” includes a statutory tenant and a person having a contractual right to occupy the premises; and
(b)“landlord”, in relation to a person having such a contractual right, means the person who granted the right or any successor in title of his, as the case may require.
(1)A rent book or other similar document provided in pursuance of section 4 shall contain notice of the name and address of the landlord of the premises and—
(a)if the premises are occupied by virtue of a restricted contract, particulars of the rent and of the other terms and conditions of the contract and notice of such other matters as may be prescribed;
(b)if the premises are let on or subject to a protected or statutory tenancy [F1or let on an assured tenancy within the meaning of Part I of the Housing Act 1988], notice of such matters as may be prescribed.
(2)If the premises are occupied by virtue of a restricted contract or let on or subject to a protected or statutory tenancy [F2or let on an assured tenancy within the meaning of Part I of the Housing Act 1988], the notice and particulars required by this section shall be in the prescribed form.
(3)In this section “prescribed” means prescribed by regulations made by the Secretary of State, which—
(a)may make different provision for different cases, and
(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1Words inserted by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(1), Sch. 17 para. 67(1)
F2Words added by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(1), Sch. 17 para. 67(2)
(1)Where the landlord of premises to which section 4(1) applies (premises occupied as a residence at a weekly rent) is a company, and the tenant serves on the landlord a request in writing to that effect, the landlord shall give the tenant in writing particulars of the name and address of every director and of the secretary of the company.
(2)A request under this section is duly served on the landlord if it is served—
(a)on an agent of the landlord named as such in the rent book or other similar document, or
(b)on the person who receives the rent of the premises;
and a person on whom a request is so served shall forward it to the landlord as soon as may be.
(1)If the landlord of premises to which section 4(1) applies (premises occupied as a residence at a weekly rent) fails to comply with any relevant requirement of—
section 4 (provision of rent book),
section 5 (information to be contained in rent book), or
section 6 (information to be supplied by companies),
he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(2)If a person demands or receives rent on behalf of the landlord of such premises while any relevant requirement of—
section 4 (provision of rent book), or
section 5 (information to be contained in rent book),
is not complied with, then, unless he shows he neither knew nor had reasonable cause to suspect that any such requirement had not been complied with, he commits a summary offence and is liable to a fine not exceeding level 4 on the standard scale.
(3)If a person fails to comply with a requirement imposed on him by section 6(2) (duty to forward request to landlord), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(4)If a default in respect of which—
(a)a landlord is convicted under subsection (1), or
(b)another person is convicted of an offence under subsection (3),
continues for more than 14 days after the conviction, the landlord or other person commits a further offence under that subsection in respect of the default.
(1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
(a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
(b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
(2)The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.
(3)This section applies to a contract if—
(a)the rent does not exceed the figure applicable in accordance with the subsection (4), and
(b)the letting is not on such terms as to the tenant’s responsibility as are mentioned in subsection (5).
(4)The rent limit for the application of this section is shown by the following Table, by reference to the date of making of the contract and the situation of the premises:
| Date of making of contract | Rent limit |
|---|---|
| Before 31st July 1923. | In London: £40. |
| Elsewhere: £26 or £16 (see Note 1). | |
| On or after 31st July 1923 and before 6th July 1957. | In London: £40. |
| Elsewhere: £26. | |
| On or after 6th July 1957. | In London: £80. |
| Elsewhere: £52. |
NOTES
1. The applicable figure for contracts made before 31st July 1923 is £26 in the case of premises situated in a borough or urban district which at the date of the contract had according to the last published census a population of 50,000 or more. In the case of a house situated elsewhere, the figure is £16.
2. The references to “London” are, in relation to contracts made before 1st April 1965, to the administrative county of London and, in relation to contracts made on or after that date, to Greater London exclusive of the outer London boroughs.
(5)This section does not apply where a house is let for a term of three years or more (the lease not being determinable at the option of either party before the expiration of three years) upon terms that the tenant puts the premises into a condition reasonably fit for human habitation.
(6)In this section “house” includes—
(a)a part of a house, and
(b)any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.
C1S. 8 excluded by Housing Act 1985 (c. 68, SIF 61), ss. 302, 307
(1)Where under the contract of employment of a worker employed in agriculture the provision of a house for his occupation forms part of his remuneration and the provisions of section 8 (implied terms as to fitness for human habitation) are inapplicable by reason only of the house not being let to him—
(a)there are implied as part of the contract of employment notwithstanding any stipulation to the contrary, the like condition and undertaking as would be implied under that section if the house were so let, and
(b)the provisions of that section apply accordingly, with the substitution of “employer” for “landlord” and such other modifications as may be necessary.
(2)This section does not affect any obligation of a person other than the employer to repair a house to which this section applies, or any remedy for enforcing such an obligation.
(3)In this section “house” includes—
(a)a part of a house, and
(b)any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.
In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—
repair,
stability,
freedom from damp,
internal arrangement,
natural lighting,
ventilation,
water supply,
drainage and sanitary conveniences,
facilities for preparation and cooking of food and for the disposal of waste water;
and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
[F1(1A)If a lease to which this section applies is a lease of a dwelling-house which forms part only of a building, then, subject to subsection (1B), the covenant implied by subsection (1) shall have effect as if—
(a)the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and
(b)any reference in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—
(i)forms part of any part of a building in which the lessor has an estate or interest; or
(ii)is owned by the lessor or under his control.
(1B)Nothing in subsection (1A) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act M11987, which the lessee, as such, is entitled to use.]
(2)The covenant implied by subsection (1) (“the lessor’s repairing covenant”) shall not be construed as requiring the lessor—
(a)to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,
(b)to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or
(c)to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house.
(3)In determining the standard of repair required by the lessor’s repairing covenant, regard shall be had to the age, character and prospective life of the dwelling-house and the locality in which it is situated.
[F2(3A)In any case where—
(a)the lessor’s repairing covenant has effect as mentioned in subsection (1A), and
(b)in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and
(c)the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,
then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.]
Landlord and Tenant Act 1985