Landlord and Tenant Act 1985
1985 c. 70 · Enacted 30 October 1985 · Extends to England and Wales
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]
C1C2C3C4I1C5Be 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;—
Annotations to the whole text
Modifications
- C1
A 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.
- C2
Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
- C3
Act amended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 2(3)
- C4
Act modified by S.I. 1988/1283, art. 2, Sch. para. 7
- C5
Act: 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)
Commencement
- I1
Act not in force at Royal Assent: Act wholly in force at 1. 4. 1986
Contents
- Information to be given to tenant
- 1Disclosure of landlord’s identity.
- 2Disclosure of directors, &c. of corporate landlord.
- 3Duty to inform tenant of assignment of landlord’s interest.
- 3ADuty to inform tenant of possible right to acquire landlord’s interest.
- Provision of rent books
- 4Provision of rent books.
- 5Information to be contained in rent books.
- 6Information to be supplied by companies.
- 7Offences.
- Implied terms as to fitness for human habitation
- 8Implied terms as to fitness for human habitation: Wales.
- 9Application of s. 8 to certain houses occupied by agricultural workers.
- 9AFitness for human habitation of dwellings in England
- 9BLeases to which section 9A applies
- 9CApplication of section 9A to certain dwellings occupied by agricultural workers
- 10Fitness for human habitation.
- Implied term as to remedying of hazards
- 10ARemedying of hazards occurring in dwellings let on relevant social housing leases
- 10BRegulations section 10A: supplementary provision
- Repairing obligations
- 11Repairing obligations in short leases.
- 12Restriction on contracting out of s. 11.
- 13Leases to which s. 11 applies: general rule.
- 14Leases to which s. 11 applies: exceptions.
- 15Jurisdiction of county court.
- 16Meaning of “lease” and related expressions.
- 17Specific performance of landlord’s repairing obligations.
- Service charges
- 18Meaning of “service charge” and “relevant costs”.
- 19Limitation of service charges: reasonableness.
- 20Limitation of service charges: consultation requirements
- 20ZAConsultation requirements: supplementary
- 20ALimitation of service charges: grant-aided works.
- 20BLimitation of service charges: time limit on making demands.
- 20CLimitation of service charges: costs of proceedings.
- 20DLimitation of service charges: remediation works
- 20ERegulations under section 20D
- 20FLimitation of service charges: excluded costs for higher-risk buildings
- 20JLimitation of variable service charges: non-litigation costs of enfranchisement etc
- 20KRight to claim where non-litigation costs charged contrary to section 20J Not yet in force
- 21Service charge information
- 21AWithholding of service charges
- 21BNotice to accompany demands for service charges
- 22Request to inspect supporting accounts &c.
- 23Request relating to information held by superior landlord.
- 23AEffect of change of landlord Not yet in force
- 24Effect of assignment on request.
- 25Failure to comply with s. 21, 22 or 23 an offence.
- 26Exception: tenants of certain public authorities.
- 27Exception: rent registered and not entered as variable.
- 27ALiability to pay service charges: jurisdiction
- 28Meaning of “qualified accountant”.
- 29Meaning of “recognised tenants’ association”.
- 29ATenants' associations: power to request information about tenants
- 30Meaning of “landlord”, “tenant” etc.
- Insurance
- 30ARights of tenants with respect to insurance.
- Managing agents
- 30BRecognised tenants’ associations to be consulted about managing agents.
- Higher-risk buildings in England
- 30CImplied terms relating to building safety
- 30DLiability for building safety costs
- 30ELiability for remuneration of building safety director of resident management company etc
- 30FRestrictions on contracting out of sections 30C to 30E
- 30GJurisdiction of county court
- 30HSpecific performance of implied terms
- 30IInterpretation of building safety provisions
- Miscellaneous
- 31Reserve power to limit rents.
- Supplementary provisions
- 31AJurisdiction of leasehold valuation tribunal. Repealed
- 31BLeasehold valuation tribunal: applications and fees. Repealed
- 31CTransfer of cases from county court. Repealed
- 32Provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954.
- 33Liability of directors, &c. for offences by body corporate.
- 34Power of local housing authority to prosecute.
- 35Application to Isles of Scilly.
- 36Meaning of “lease” and “tenancy” and related expressions.
- 37Meaning of “statutory tenant” and related expressions.
- 38Minor definitions.
- 39Index of defined expressions.
- Final provisions
- 40Short title, commencement and extent.
- Schedule: RIGHTS OF TENANTS WITH RESPECT TO INSURANCE
- Construction
- 1Paragraph 1
- . . . Summary of insurance cover
- 2Paragraph 2
- Request to inspect insurance policy etc.
- 3Inspection of insurance policy etc.
- . . . Insurance effected by superior landlord
- 4Paragraph 4
- 4AEffect of change of landlord
- Effect of assignment . . .
- 5Paragraph 5
- Offence of failure to comply
- 6Paragraph 6
- Tenant’s right to notify insurers of possible claim
- 7Paragraph 7
- Right to challenge landlord’s choice of insurers
- 8Paragraph 8
- Exception for tenants of certain public authorities
- 9Paragraph 9