
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
It will affect:
What are the new provisions?
The new Section 9A(1) replaces Section 8 of the Landlord and Tenant Act 1985 which required landlords to let properties “fit for human habitation”, except that those provisions only applied to properties within a certain rent limit. The new Section 9A removes any rent limit and now imposes a covenant on the landlord, that the “dwelling” (previously referred to as a “house” only):
The covenant will also apply to all parts of the building the landlord has an interest or estate e.g. common parts or retained parts (the outside walls, windows and roof). Should the landlord fail to comply, the tenant will have a right to take action.
As you would expect, there are of course exceptions and/or potential defences that a landlord can rely on, which are:
What does “fit for habitation” cover?
The amended Section 10 states that when determining whether a household dwelling is unfit for human habitation, regard will be had to the following:
The property will 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.
The key issue and question for the Court will be whether the dwelling is “not reasonably suitable for accommodation in that condition”. What will assist the Court is an expert report which considers the property is “unfit for human habitation”, but then also provides confirmation as to what would be required in order to put matters right.
Whilst we have provided you with a brief insight…
For more information, please contact Baljit Basra.
Please also look out for our forthcoming training events, specifically in relation to management of disrepair claims, in May 2019.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
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