Implied terms as to fitness for human habitation

9 Application of s. 8 to certain houses occupied by agricultural workers.

1

Where under the contract of employment of a worker employed in agriculture the provision of a house for his occupation forms part of his remuneration and the provisions of section 8 (implied terms as to fitness for human habitation) are inapplicable by reason only of the house not being let to him—

a

there are implied as part of the contract of employment notwithstanding any stipulation to the contrary, the like condition and undertaking as would be implied under that section if the house were so let, and

b

the provisions of that section apply accordingly, with the substitution of “employer” for “landlord” and such other modifications as may be necessary.

2

This section does not affect any obligation of a person other than the employer to repair a house to which this section applies, or any remedy for enforcing such an obligation.

3

In this section “house” includes—

a

a part of a house, and

b

any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.