Building Safety (Wales) Act 2026

Prospective

70 Leases: implied terms relating to compliance with building safety duties E+W

In the Landlord and Tenant Act 1985 (c. 70), after section 30I insert—

“Regulated buildings in Wales: implied terms and liability for costs E+W

30IA Wales: implied terms relating to building safety

(1) This section applies to a lease of premises which consist of or include a dwelling in a regulated building.

(2) In the lease there is implied a covenant by each relevant person—

(a) where the relevant person is an accountable person for the building, to comply with their building safety duties;

(b) to co-operate with any person in connection with an accountable person complying with their building safety duties.

(3) In the lease there is implied a covenant by the tenan‍t to comply with—

(a) any repairs access order made in respect of the tenant under section 57 of the Building Safety (Wales) Act 2026;

(b) any access order made in respect of the tenant under section 58 of that Act;

(c) any contravention order made in respect of the tenant under section 61 of that Act;

(d) any compliance notice given to the tenant under section 96 of that Act.

(4) In the covenant implied by subsection (2)(b), to “co-operate” with a person includes—

(a) taking any steps that are reasonably required by the person to facilitate compliance by an accountable person with their building safety duties;

(b) where the person is an accountable person or a person authorised in writing by an accountable person, providing any information (including names and contact details of residents and tenants of the premises) to the person that is reasonably required in connection with the accountable person complying with their building safety duties.‍

(5) ‍The disclosure of information in accordance with subsections (2)(b) and (4)(b) does not breach—

(a) any obligation of confidence owed by a relevant person in relation to that information;

(b) any other restriction on the disclosure of information (however imposed).‍

(6) But see also section 183A of the Data Protection Act 2018 (protection of requirements for processing personal data).

(7) In this section—‍

• “relevant person” means—

  (a)

  the landlord under the lease;

  (b)

  any other person by whom obligations relating to the management of the premises or any part of them are owed to the tenant under the lease;

• “resident has the same meaning as in the Building Safety (Wales) Act 2026 (see section 136 of that Act‍).”

Commencement Information

I1 S. 70 not in force at Royal Assent, see s. 138(2)