New Clause 52: Housing and Planning Bill— [2nd Allocated Day]
New Clause 52— Implied term of fitness for human habitation in residential lettings
‘(1) Section 8 of the Landlord and Tenant Act 1985 (c.70) is amended as follows.
(2) Leave out subsection (3) and insert—
“(3) Subject to subsection (7), this section applies to any tenancy or licence under which a dwelling house is let wholly or mainly for human habitation.”
(3) Leave out subsections (4) to (6).
(4) After subsection (3), insert—
“(3ZA) Subsection 1 does not apply where the condition of the dwelling-house or common parts is due to—
(a) a breach by the tenant of the duty to use the dwelling-house in a tenant-like manner, or often express term of the tenancy to the same effect; or
(b) damage by fire, flood, tempest or other natural cause or inevitable accident.
(3ZB) Subsection 1 shall not require the landlord or licensor of the dwelling house to carry out works—
(a) which would contravene any statutory obligation or restriction; or
(b) which require the consent of a superior landlord, provided that such consent has been refused and the landlord or licensor has no right of action on the basis that such refusal of consent is unreasonable.
(3ZC) Any provision of or relating to a tenancy or licence is void insofar as it purports—
(a) to exclude or limit the obligations of the landlord or licensor under this section; or
(b) to permit any forfeiture or impose on the tenant or licensee any penalty or disadvantage in the event of his seeking to enforce the obligation under subsection (1).
(3ZD) Regulations may make provision for the exclusion of certain classes of letting from subsection (1).
(3ZE) In this section “house” has the same meaning as “dwelling house” and includes—
(a) a part of a house, and
(b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.”
(5) In section 10 of the Landlord and Tenant Act 1985, after “waste water”, insert—
(6) Regulations may make provision for guidance as to the operation of the matters set out in section 10 which are relevant to the assessment of fitness for human habitation.
(7) This section shall come into force—
(a) in England at the end of the period of three months from the date on which this Act receives Royal Assent and shall apply to all tenancies licences and agreements for letting made on or after that date; and
(b) in Wales on a date to be appointed by the Welsh Ministers.”’—(Teresa Pearce.)