Prospective

PART 3 E+W REGULATION OF VISITOR ACCOMMODATION

CHAPTER 3 E+W REGULATED VISITOR ACCOMMODATION: CONTRACT TERMS

Limits on obligation to ensure premises fit for visitor accommodation E+W

41 Limits on fitness for visitor accommodation duty: knowledge of VAP E+W

(1) A VAP has not failed to comply with the requirement under section 39(2) if the VAP—

(a) is unaware, and

(b) could not reasonably be expected to be aware,

that the premises are not fit for visitor accommodation.

(2) A VAP has not failed to comply with the requirement under section 39(2) if the VAP makes the premises fit for visitor accommodation within a reasonable time afte‍r the VAP became aware, or could reasonably be expected to be aware, that the premises were not fit for visitor accommodation.

(3) But subsection (2) does not apply if a visitor’s entitlement to reside in or at the regulated visitor accommodation begins at a time when the VAP is aware, or could reasonably be expected to be aware, that the premises are not fit for visitor accommodation.

(4) For the purposes of determining what is a “reasonable time”, regard must be had to—

(a) the extent to which the visitor’s enjoyment of the premises is impaired, and

(b) whether it is reasonable and possible to carry out the necessary works or repairs before the end of the period during which the visitor is entitled to reside in or at the accommodation.

Commencement Information

I1 S. 41 in force at 4.3.2030, see s. 61(2)(b)