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Housing and developmentE+W+S

38Compliance with prescribed legal requirementsE+W+S

After section 21 of the Housing Act 1988 insert—

21ACompliance with prescribed legal requirements

(1)A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.

(2)The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to—

(a)the condition of dwelling-houses or their common parts,

(b)the health and safety of occupiers of dwelling-houses, or

(c)the energy performance of dwelling-houses.

(3)In subsection (2) “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.

(4)For the purposes of subsection (2)(a) “common parts” has the same meaning as in Ground 13 in Part 2 of Schedule 2.

(5)A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I1S. 38 in force at 1.7.2015 for specified purposes by S.I. 2015/994, art. 10(b)

I2S. 38 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(k)