95Limits on sections 91 and 92: generalE+W
(1)Section 91(1) does not impose any liability on a landlord in respect of a dwelling which the landlord cannot make fit for human habitation at reasonable expense.
(2)Sections 91(1) and 92(1) do not require the landlord—
(a)to keep in repair anything which the contract-holder is entitled to remove from the dwelling, or
(b)to rebuild or reinstate the dwelling or any part of it, in the case of destruction or damage by a relevant cause.
(3)If the dwelling forms part only of a building, sections 91(1) and 92(2) do not require the landlord to rebuild or reinstate any other part of the building in which the landlord has an estate or interest, in the case of destruction or damage by a relevant cause.
(4)Relevant causes are fire, storm, flood or other inevitable accident.
(5)Section 92(2) does not require the landlord to carry out works or repairs unless the disrepair or failure to keep in proper working order affects the contract-holder's enjoyment of—
(a)the dwelling, or
(b)the common parts that the contract-holder is entitled to use under the occupation contract.
(6)This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.
Modifications etc. (not altering text)
C1Ss. 95-97 applied (with modifications) (1.12.2022) by 2002 c. 15, Sch. 7 para. 3A(5) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 27(2)(b))
Commencement Information
I1S. 95 in force at 1.12.2022 by S.I. 2022/906, art. 2