Search Legislation

Landlord and Tenant Act 1985

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Landlord and Tenant Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Commencement Orders yet to be applied to the Landlord and Tenant Act 1985

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S. 30A

[F1SCHEDULEE+W RIGHTS OF TENANTS WITH RESPECT TO INSURANCE

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1Sch. modified (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 5; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)

Sch. extended to Crown Land (E.) (30.9.2003) by 2002 c. 15, ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii)(iii) (subject to savings in Sch. 2); S.I. 2004/669, art. 2(c)(ii)(iii) (subject to savings in Sch. 2)

ConstructionE+W

1In this Schedule—E+W

  • landlord”, in relation to a tenant by whom a service charge is payable which includes an amount payable directly or indirectly for insurance, includes any person who has a right to enforce payment of that service charge;

  • relevant policy”, in relation to a dwelling, means any policy of insurance under which the dwelling is insured (being, in the case of a flat, a policy covering the building containing it); and

  • “tenant” includes a statutory tenant.

F2. . . Summary of insurance coverE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in heading before Sch. para. 2 repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, arts. 1(2), 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2)

2(1)Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may [F3by notice in writing require the landlord] to supply him with a written summary of the insurance for the time being effected in relation to the dwelling.E+W

(2)If the tenant is represented by a recognised tenants’ association and he consents, the [F4notice may be served] by the secretary of the association instead of by the tenant and may then be for the supply of the summary to the secretary.

(3)A [F5notice under this paragraph is duly] served on the landlord if it is served on—

(a)an agent of the landlord named as such in the rent book or similar document, or

(b)the person who receives the rent on behalf of the landlord;

and a person on [F6whom such a notice] is so served shall forward it as soon as may be to the landlord.

(4)The landlord shall, within [F7the period of twenty-one days beginning with the day on which he receives the notice,] comply with it by supplying to the tenant or the secretary of the recognised tenants’ association (as the case may require) such a summary as is mentioned in sub-paragraph (1), which shall include—

(a)the insured amount or amounts under any relevant policy, and

(b)the name of the insurer under any such policy, and

(c)the risks in respect of which the dwelling or (as the case may be) the building containing it is insured under any such policy.

(5)In sub-paragraph (4)(a) “the insured amount or amounts”, in relation to a relevant policy, means—

(a)in the case of a dwelling other than a flat, the amount for which the dwelling is insured under the policy; and

(b)in the case of a flat, the amount for which the building containing it is insured under the policy and, if specified in the policy, the amount for which the flat is insured under it.

(6)The landlord shall be taken to have complied with the [F8notice] if, within the period mentioned in sub-paragraph (4), he instead supplies to the tenant or the secretary (as the case may require) a copy of every relevant policy.

(7)In a case where two or more buildings are insured under any relevant policy, the summary or copy supplied under sub-paragraph (4) or (6) so far as relating to that policy need only be of such parts of the policy as relate—

(a)to the dwelling, and

(b)if the dwelling is a flat, to the building containing it.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in Sch. para. 2(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(2); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F4Words in Sch. para. 2(2) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(3); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F5Words in Sch. para. 2(3)(a) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(4)(a); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F6Words in Sch. para. 2(3)(b) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(4)(b); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F7Words in Sch. para. 2(4) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(5); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F8Word in Sch. para 2(6) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(6); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

Request to inspect insurance policy etc.E+W

Inspection of insurance policy etc.E+W

3(1)Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may by notice in writing require the landlord—

(a)to afford him reasonable facilities for inspecting any relevant policy or associated documents and for taking copies of or extracts from them, or

(b)to take copies of or extracts from any such policy or documents and either send them to him or afford him reasonable facilities for collecting them (as he specifies).

(2)If the tenant is represented by a recognised tenants’ association and he consents, the notice may be served by the secretary of the association instead of by the tenant (and in that case any requirement imposed by it is to afford reasonable facilities, or to send copies or extracts, to the secretary).

(3)A notice under this paragraph is duly served on the landlord if it is served on—

(a)an agent of the landlord named as such in the rent book or similar document, or

(b)the person who receives the rent on behalf of the landlord;

and a person on whom such a notice is so served shall forward it as soon as may be to the landlord.

(4)The landlord shall comply with a requirement imposed by a notice under this paragraph within the period of twenty-one days beginning with the day on which he receives the notice.

(5)To the extent that a notice under this paragraph requires the landlord to afford facilities for inspecting documents—

(a)he shall do so free of charge, but

(b)he may treat as part of his costs of management any costs incurred by him in doing so.

(6)The landlord may make a reasonable charge for doing anything else in compliance with a requirement imposed by a notice under this paragraph.

(7)In this paragraph—

  • relevant policy” includes a policy of insurance under which the dwelling was insured for the period of insurance immediately preceding that current when the notice is served (being, in the case of a flat, a policy covering the building containing it), and

  • associated documents” means accounts, receipts or other documents which provide evidence of payment of any premiums due under a relevant policy in respect of the period of insurance which is current when the notice is served or the period of insurance immediately preceding that period.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Sch. para. 3 substituted (30.9.2003 for E. and 30.4.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 9; S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F10. . . Insurance effected by superior landlordE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F10Words in heading before Sch. para. 4 repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, arts. 1(2), 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2)

4(1)If [F11a notice is served] under paragraph 2 in a case where a superior landlord has effected, in whole or in part, the insurance of the dwelling in question and the landlord [F12on whom the notice is served] is not in possession of the relevant information—E+W

(a)he shall in turn [F13by notice in writing require the person who is his landlord to give him the relevant information] (and so on, if that person is not himself the superior landlord),

(b)the superior landlord shall comply with [F14the notice] within a reasonable time, and

(c)the immediate landlord shall then comply with the tenant’s or [F15secretary’s notice] in the manner provided by sub-paragraphs (4) to (7) of paragraph 2 within the time allowed by that paragraph or such further time, if any, as is reasonable in the circumstances.

(2)If, in a case where a superior landlord has effected, in whole or in part, the insurance of the dwelling in question, a [F16notice under paragraph 3 imposes a requirement relating] to any policy of insurance effected by the superior landlord—

(a)the landlord [F17on whom the notice is served] shall forthwith inform the tenant or secretary of that fact and of the name and address of the superior landlord, and

(b)that paragraph shall then apply to the superior landlord in relation to that policy as it applies to the immediate landlord.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11Words in Sch. para. 4(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 10(1)(2)(a); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F12Words in Sch. para. 4(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 10(1)(2)(b); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F13Words in Sch. para. 4(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 10(1)(2)(c); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F14Words in Sch. para. 4(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 10(1)(2)(d); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F15Words in Sch. para. 4(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 10(1)(2)(e); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F16Words in Sch. para. 4(2) substituted (30.9.2003 for W. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 10(1)(3)(a); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F17Words in Sch. para. 4(2) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 10(1)(3)(b); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

Effect of change of landlordE+W

4A(1)This paragraph applies where, at a time when a duty imposed on the landlord or a superior landlord by virtue of any of paragraphs 2 to 4 remains to be discharged by him, he disposes of the whole or part of his interest as landlord or superior landlord).

(2)If the landlord or superior landlord is, despite the disposal, still in a position to discharge the duty to any extent, he remains responsible for discharging it to that extent.

(3)If the other person is in a position to discharge the duty to any extent, he is responsible for discharging it to that extent.

(4)Where the other person is responsible for discharging the duty to any extent (whether or not the landlord or superior landlord is also responsible for discharging it to that or any other extent)—

(a)references to the landlord or superior landlord in paragraphs 2 to 4 are to, or include, the other person so far as is appropriate to reflect his responsibility for discharging the duty to that extent, but

(b)in connection with its discharge by that person, paragraphs 2(4) and 3(4) apply as if the reference to the day on which the landlord receives the notice were to the date of the disposal referred to in sub-paragraph (1).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F18Sch. para. 4A and preceding sidenote inserted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 11; S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art 2(c)(i) (subject to Sch. 2)

Effect of assignment F19. . . E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19Words in heading before Sch. para. 5 repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, arts. 1(2), 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2)

5The assignment of a tenancy does not affect [F20any duty imposed by virtue of any of paragraphs 2 to 4A; but a person is not required to comply with more than a reasonable number of requirements imposed by any one person.]E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20Words in Sch. para. 5 substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 12; S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

[F21Offence of failure to comply]E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F21Words in heading before Sch. para. 6 substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 13; S.I. 2003/1986, arts. 1(2), 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

6(1)It is a summary offence for a person to fail, without reasonable excuse, to perform a duty imposed on him by or by virtue of [F22any of paragraphs 2 to 4A].E+W

(2)A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F22Words in Sch. para. 6(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 13; S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

Tenant’s right to notify insurers of possible claimE+W

7(1)This paragraph applies to any dwelling in respect of which the tenant pays to the landlord a service charge consisting of or including an amount payable directly or indirectly for insurance.E+W

(2)Where—

(a)it appears to the tenant of any such dwelling that damage has been caused—

(i)to the dwelling, or

(ii)if the dwelling is a flat, to the dwelling or to any other part of the building containing it,

in respect of which a claim could be made under the terms of a policy of insurance, and

(b)it is a term of that policy that the person insured under the policy should give notice of any claim under it to the insurer within a specified period,

the tenant may, within that specified period, serve on the insurer a notice in writing stating that it appears to him that damage has been caused as mentioned in paragraph (a) and describing briefly the nature of the damage.

(3)Where—

(a)any such notice is served on an insurer by a tenant in relation to any such damage, and

(b)the specified period referred to in sub-paragraph (2)(b) would expire earlier than the period of six months beginning with the date on which the notice is served,

the policy in question shall have effect as regards any claim subsequently made in respect of that damage by the person insured under the policy as if for the specified period there were substituted that period of six months.

(4)Where the tenancy of a dwelling to which this paragraph applies is held by joint tenants, a single notice under this paragraph may be given by any one or more of those tenants.

(5)The Secretary of State may by regulations prescribe the form of notices under this paragraph and the particulars which such notices must contain.

(6)Any such regulations—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument.

Right to challenge landlord’s choice of insurersE+W

[F238(1)This paragraph applies where a tenancy of a dwelling requires the tenant to insure the dwelling with an insurer nominated [F24or approved]by the landlord.E+W

(2)The tenant or landlord may apply to a county court or leasehold valuation tribunal for a determination whether—

(a)the insurance which is available from the nominated [F24or approved]insurer for insuring the tenant’s dwelling is unsatisfactory in any respect, or

(b)the premiums payable in respect of any such insurance are excessive.

(3)No such application may be made in respect of a matter which—

(a)has been agreed or admitted by the tenant,

(b)under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or

(c)has been the subject of determination by a court or arbitral tribunal.

(4)On an application under this paragraph the court or tribunal may make—

(a)an order requiring the landlord to nominate [F25or approve] such other insurer as is specified in the order, or

(b)an order requiring him to nominate [F25or approve]another insurer who satisfies such requirements in relation to the insurance of the dwelling as are specified in the order.

(5)F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An agreement by the tenant of a dwelling (other than an arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question which may be the subject of an application under this paragraph.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F23Sch. para. 8 substituted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(2); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2

F24Words in Sch. para. 8(1)(2) inserted (28.2.2005 for E. and 31.5.2005 for W.) by 2002 c. 15, ss. 165(2), 181(1); S.I. 2004/3056, art. 3(d) (subject to art. 4 (as amended by S.I. 2005/193, art. 2)); S.I. 2005/1353, art. 2(d) (subject to art. 3)

F25Words in Sch. para. 8(4) inserted (28.2.2005 for E. and 31.5.2005 for W.) by 2002 c. 15, ss. 165(3), 181(1); S.I. 2004/3056, art. 3(d) (subject to art. 4 (as amended by S.I. 2005/193, art. 2)); S.I. 2005/1353, art. 2(d) (subject to art. 3)

Exception for tenants of certain public authoritiesE+W

9(1)Paragraphs 2 to 8 do not apply to a tenant of—E+W

  • a local authority,

  • [F27a National Park authority [F28, or]]

  • a new town corporation, F29. . .

  • F29. . .

unless the tenancy is a long tenancy, in which case paragraphs 2 to 5 and 7 and 8 apply but paragraph 6 does not.

(2)Subsections (2) and (3) of section 26 shall apply for the purposes of sub-paragraph (1) as they apply for the purposes of subsection (1) of that section.]

TABLE OF DERIVATIONS

1. The following abbreviations are used in this Table:—

Acts of Parliament

1957= The Housing Act 1957 (c. 56).
1961= The Housing Act 1961 (c. 65).
1962= The Landlord and Tenant Act 1962 (c. 50).
1963 (c. 33)= The London Government Act 1963.
1968 (c. 23)= The Rent Act, 1968.
1969= The Housing Act 1969 (c. 33).
1972 (c. 70)= The Local Government Act 1972.
1974= The Housing Act 1974 (c. 44).
1975= The Housing Rents and Subsidies Act 1975 (c. 6).
1976 (c. 80)= The Rent (Agriculture) Act 1976.
1977 (c. 42)= The Rent Act 1977.
1980= The Housing Act 1980 (c. 51).
1980 (c. 65)= The Local Government, Planning and Land Act 1980.
1981 (c. 64)= The New Towns Act 1981.
1982 (c. 48)= The Criminal Justice Act 1982.
1985 (c. 9)= The Companies Consolidation (Consequential Provisions) Act 1985.
1985(c. 51)= The Local Government Act 1985.

Subordinate legislation

S.I. 1975/512 = The Isles of Scilly (Housing) Order 1975.

2. The Table does not show the effect of Transfer of Functions Orders.

3. The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commissions’ Report of the Consolidation of the Housing Acts (Cmnd. 9515).

4. The entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance, a provision introducing the provisions which follow or introducing a definition to avoid undue repetition of the defining words.

ProvisionDerivation
1(1)1974 s. 121(1).
(2)1974 s. 121(1); 1980 s. 144; 1982 (c. 48) ss. 37, 46(1).
(3)1974 s. 121(9).
2(1), (2)1974 s. 121(2).
(3)1974 s. 121(4).
(4)1974 s. 121(5); 1980 s. 144; 1982 (c. 48 ss. 37, 46(1).
3(1)1974 s. 122(1), (2).
(2)1974 s. 122(4).
(3)1974 s. 122(5); 1980 s. 144; 1982 (c. 48) ss. 37, 46(1).
(4)1974 s. 122(8), (9)(a).
4(1)1962 s. 1(1).
(2)1962 s. 1(2).
(3)1962 ss. 1(1), 6(1)(a).
ProvisionDerivation
5(1)1962 s. 2(1); 1976 (c. 80) Sch. 8 para. 9; 1977 (c. 42) Sch. 23 para. 31(a), (b).
(2)1962 s. 2(1); 1968 (c. 23) Sch. 15.
(3)1962 s. 6(1)(b).
6(1)1962 s. 3(1).
(2)1962 s. 3(2).
7(1), (2)1962 s. 4(1), (3); 1982 (c. 48) ss. 37, 46(1), Sch. 3.
(3)1962 s. 4(2), (3); 1982 (c. 48) ss. 37, 46(1), Sch. 3.
(4)1962 s. 4(4).
8(1), (2)1957 s. 6(2), (3).
(3)1957 s. 6(1), (2).
(4)1957 s. 6(1); 1963 (c. 33) Sch. 8 para. 2.
(5)1957 s. 6(2) proviso.
(6)1957 s. 189(1) “house” (a).
9(1), (2)1957 s. 7.
(3)1957 ss. 7, 189(1) “house” (a).
101957 s. 4(1); 1969 s. 71.
11(1)1961 s. 32(1).
(2)1961 s. 32(2).
(3)1961 s. 32(3).
(4)1961 s. 32(1), (2).
(5)1961 s. 32(1).
(6)1961 s. 32(4).
12(1)1961 s. 33(7).
(2)1961 s. 33(6).
13(1)1961 s. 33(1).
(2)1961 s. 33(2), (5).
14(1), (2)1961 s. 33(3).
(3)1961 s. 33(4).
(4)1977 (c. 42) ss. 14, 15(3); 1980 s. 80(1)(a)-(c), (2), (3); 1980 (c. 65) s. 155(1); 1981 (c. 64) Sch. 12 para. 24.
(5)1980 s. 80(1)(d), (e).
151961 s. 33(8).
161961 s. 32(5).
17(1)1974 s. 125(1).
(2)1974 s. 125(2); R.14(i).
18(1)(3)1980 Sch. 19 para. 1(1).
19(1)1980 Sch. 19 paras. 2, 3.
(2)1980 Sch. 19 para. 2.
(3)180 Sch. 19 para. 11.
(4)1980 Sch. 19 para. 12.
20(1)1980 Sch. 19 paras. 2, 4(1).
(2)1980 Sch. 19 para. 4(2).
(3)1980 Sch. 19 para. 5(1)(6).
(4)1980 Sch. 19 para. 5(7).
(5)1980 Sch. 19 para. 6.
(6)1980 s. 151(1), (3).
21(1)1980 Sch. 19 para. 7(1), (5).
(2)1980 Sch. 19 para. 7(2).
(3)1980 Sch. 19 para. 9.
(4)1980 Sch. 19 para. 7(1).
(5), (6)1980 Sch. 19 para. 7(3)
22(1), (2)1980 Sch. 19 para. 7(4).
(3)1980 Sch. 19 para. 9.
(4)1980 Sch. 19 para. 7(4).
23(1), (2)1980 Sch. 19 para. 8(1), (2).
241980 Sch. 19 para. 10.
25(1), (2)1980 Sch. 19 para. 13(1); 1982 (c. 48) ss. 37, 46(1).
26(1)1980 s. 50(1) “development corporation”, “local authority”[F27a National Park authority], Sch. 19 para. 14(1), (2)(a).
(2), (3)1980 Sch. 3 para. 1(2), (2A), (3), Sch. 19 para. 14(1); 1984 Sch. 1 para. 12, Sch. 11 para. 33(1).
271980 Sch. 19 para. 15.
28(1)drafting.
(2)1980 Sch. 16 para. 3(2), Sch. 19 para. 17(1); 1985 (c. 9) Sch. 2.
(3)1980 Sch. 16 para. 3(4), Sch. 19 para. 17(1).
(4)1980 Sch. 19 para. 17(2).
(5)1980 Sch. 19 para. 17(2)(b); 1985 (c. 9) Sch. 2.
(6)1980 Sch. 19 para. 14(1),(2)(b).
29(1)1980 Sch. 19 para. 20.
(2), (3)1980 Sch. 19 para. 21(1).
(4)1980 Sch. 19 para. 20(b).
(5)1980 Sch. 19 para. 21(2).
(6)1980 s. 151(1), (3).
30
“flat”1980 Sch. 19 para. 16.
“landlord”1980 Sch. 19 para. 18.
“tenant”1980 Sch. 19 para. 19.
31(1)1975 ss. 11(1), 15(1), (5).
(2)1975 ss. 11(2), 15(5).
(3)1975 s. 11(10), (11).
(4)1975 ss. 11(3), 15(1).
32(1)1974 ss. 121(9), 122(8), 125(2).
(2)1961 s. 33(3).
(3)1975 s. 11(11) “dwelling”.
33)1)1962 s. 4(6); 1974 ss. 121(6), 122(6); 1980 Sch. 19 para. 13(2).
(2)1974 ss. 121(7), 122(7); 1980 Sch. 19 para. 13(3); R.28.
341962 s. 5(2); 1968 (c. 23) Sch. 15; 1972 (c. 70) s. 222(1); 1974 s. 121(8); 1977 (c. 42) s. 149(2), Sch. 23 para. 32, Sch. 24 para. 30.
35(1), (2)1972 s. 103; 1975 s. 17(11), Sch. 5 para. 7(1); S.I. 1972/1204; S.I. 1975/512; R.29.
361961 s. 32(5); 1974 ss. 121(9), 125(2); 1975 s. 11(11) “new letting”; drafting.
371962 s. 6(1)(a); 1974 ss. 121(9), 122(8), 125(2); 1976 (c. 80) Sch. 8 para. 31; 1977 (c. 42) Sch. 23 para. 66; 1980 Sch. 19 para. 18; R.14(i).
38
“address”1962 s. 6(2); 1974 ss. 121(3), 122(3), Sch. 13 para. 9.
“co-operative housing association”1977 (c. 42) s. 15(3)(d); 1980 s. 80(1)(b); drafting.
“dwelling”1974 s. 129(1) “dwelling”; 1975 s. 16(1) “dwelling”.
“housing association”1977 (c. 42) s. 15(3)(a); 1980 s. 80(1)(b).
“local authority” [F27a National Park authority]1975 ss. 11(11), 16(1) “local authority”[F27a National Park authority]; 1977 (c. 42) s. 14(1)(a)-(c); 1980 s. 80(1)(c); 1985 (c. 51 Sch. 13 para. 21, Sch. 14 paras. 56, 58 (h).
“local housing authority”1962 s. 5(2); 1968 (c. 23) Sch. 15; 1974 s. 121(8); S.I. 1975/512; 1977 (c. 42) s. 149(2), Sch. 23 para. 32, Sch. 24 para. 30; 1980 s. 50(1) “local authority”[F27a National Park authority], Sch. 19 para. 14(1)(a).
“new town corporation”1977 (c. 42) s. 14(d), (e); 1980 ss. 50(1) “development corporation”, 80(1)(c), Sch. 19 para. 14(1)(a), (c); 1981 (c. 64;) Sch. 12 para. 24; drafting.
“protected tenancy”1962 s. 2(1); 1968 (c. 23) Sch. 15; 1977 (c. 42) Sch. 23 para. 31(b), Sch. 24 para. 30.
“registered”1977 (c. 42) s. 15(3)(a); 1980 s. 80(1)(b).
“restricted contract”1962 s. 2(1); 1977 (c. 42) Sch. 23 para. 31(a).
“urban development corporation”1977 (c. 42) s. 14(1)(g); 1980 s. 80(1)(c); 1980 (c. 65) s. 155(1).
39drafting.
40drafting.
Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources