Explanatory note

Section 10A(2) of the Landlord and Tenant Act 1985 (c. 70) implies into the lease of a dwelling to which section 10A applies a covenant that the lessor will comply with all prescribed requirements that are applicable to the lease (“implied covenant”). These Regulations prescribe such requirements.

Dwellings let under a lease to which section 10A applies are referred to in the Regulations as “social homes” (defined in regulation 2). The lessor of a social home to which the requirements in these Regulations apply will be a registered provider of social housing (unless saving provisions in regulation 22 apply).

Regulation 2 defines various terms used in these Regulations.

Regulation 3 defines the key terms “significant hazard” and “emergency hazard”. In essence a “significant hazard” is a damp and mould hazard that affects a social home and which poses a risk of harm to the health or safety of its occupier that a reasonable lessor would take urgent steps to address and for which the lessor has responsibility. An “emergency hazard” is any hazard (other than an overcrowding hazard) that affects a social home and poses a risk of harm to the health or safety of its occupier that a reasonable lessor would take steps to address within 24 hours and for which the lessor has responsibility.

Regulation 4 defines the key term “required work”. Subject to some limited exceptions “required work” is the work necessary to make a home that is affected by a significant hazard or emergency hazard safe and ensure, so far as is possible, that the hazard does not recur. “Work” includes any action to make a home safe.

Regulation 5 requires the lessor to take emergency action where it knows or believes that a social home is affected by an emergency hazard. The action the lessor must take is to investigate (if the matter has not already been investigated) and/or to complete relevant safety work (if relevant safety work is identified) as soon as reasonably practicable and within 24 hours. However, if the lessor complies with the requirements in Part 6 (temporary rehousing etc.) the time limit of 24 hours to complete relevant safety work is disapplied. “Relevant safety work” is required work necessary to make the home safe that is not cladding work.

Regulations 6 to 8 relate to the investigation of hazards, other than in the emergency situation described above.

Regulation 6 applies if a lessor becomes aware of an issue of concern in relation to a social home. In that case the lessor must complete a standard investigation into it within 10 working days unless, before the investigation is completed, the lessee requests a physical inspection in which case the period for investigation is extended.

Regulation 7 requires the lessor to conduct a renewed investigation if a standard or emergency investigation into the matter did not include a physical inspection, the lessor requests one, any required work to ensure a hazard does not recur has not been begun and the requirements to complete relevant safety work under regulation 5 or a further investigation under regulation 8 do not apply. The lessor must complete this investigation within 10 working days.

Regulation 8 requires the lessor to conduct a further investigation if that is deemed necessary by an investigation under regulations 5 to 7. Such an investigation must be completed as soon as reasonably practicable and must include a physical inspection if one has not already been undertaken and the lessee requests one.

Regulation 9 concerns the information that the lessor is required to give to the lessee after an investigation. It provides that a written summary of information relating to the investigation must usually be given within 3 working days of the completion of the investigation and sets out requirements that a written summary must satisfy.

Regulation 10 sets out how documents under regulation 9 may be given to the lessee.

Regulation 11 provides that where an investigation identifies relevant safety work in relation to a significant hazard the lessor must ensure that it is completed within 5 working days, unless it complies with the requirements in Part 6 (temporary rehousing etc.) in which case the lessor must do that work as soon as reasonably practicable. This regulation does not apply if it is an emergency situation, in which case the rules about completing relevant safety work in regulation 5 apply.

Regulation 12 provides that a lessor who has completed relevant safety work must keep the social home in the condition it is in on the completion of that work until such time as any relevant supplementary preventative work is completed. Relevant supplementary preventative work is any required work that is necessary to ensure, so far as is possible, that a significant hazard or emergency hazard does not recur but which is not necessary to make the social home safe and is not cladding work.

Regulation 13 concerns the completion of relevant supplementary preventative work. The relevant supplementary preventative work must be begun within 5 working days of the relevant day unless it is not reasonably practicable to begin it within that period. Where the latter applies, the lessor must, within that period, take steps with a view to securing that those works are begun as soon as reasonably practicable and within 12 weeks. Relevant supplementary preventative work must be completed within a reasonable period. The relevant day will normally be the day after the day on which the relevant investigation that identifies the supplementary preventative work is completed, however if a further investigation is necessary before the relevant supplementary work can be begun it will be the day after that further investigation is completed.

Regulation 14 imposes a requirement on the lessor to keep the lessee informed about the timing and progress of any required work until it is completed or the requirement to complete the work comes to an end. It also requires the lessor to inform the lessee when the required work is completed and provide information in writing if the requirement to keep the lessee informed about the timing and progress of the required work comes to an end in any other way.

Regulation 15 details the application of regulations 16 and 17 (temporary rehousing etc.). They apply if a relevant investigation identifies relevant safety work in relation to a significant hazard or emergency hazard, or the lessor has reasonable grounds to believe that a further investigation will identify relevant safety work in relation to that hazard, and the relevant safety work or the further investigation cannot be completed within 24 hours (in the case of an emergency hazard), or 5 working days (in the case of a significant hazard).

Regulation 16 provides that if the relevant safety work or further investigation cannot be completed within the required timeframes, the lessor must secure and pay for the provision of suitable alternative accommodation to the lessee’s household until the relevant safety work is completed. The requirement to provide suitable alternative accommodation also comes to an end if another investigation concludes that the social home is not affected by a significant hazard or emergency hazard or concludes there is no relevant safety work, if any necessary consent to do the work is not forthcoming or if the lessee no longer wants the alternative accommodation.

Regulation 17 provides that if, for any reason, any person remains in occupation of the social home in the period before the relevant safety work is completed, the lessor must provide the lessee with certain information to help the occupants keep themselves safe (or inform the lessee that this is not possible and provide them with information about what they can do to reduce any risk of harm).

Regulation 18 provides that the lessor may not contract out of the implied covenant.

Regulation 19 provides that a court may order specific performance of any requirement under these Regulations.

Regulation 20 provides the lessor with a right of entry for purposes of complying with any requirements under these Regulations at reasonable times of day and on 24 hours’ notice.

Regulation 21 is a transitional provision which modifies the application of these Regulations in cases where a lessor became aware of a relevant matter before these Regulations come into force, or, if later, before the requirements in these Regulations begin to apply in relation to the social home in question.

Regulation 22 is a saving provision that applies where a lease ceases to be one in which the implied covenant to comply with the requirements of these Regulations applies.

Regulation 23 provides that the Secretary of State must review these Regulations at intervals of no more than 5 years.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published alongside these Regulations on www.legislation.gov.uk and is also available from the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.