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Landlord and Tenant Act 1985

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14 Leases to which s. 11 applies: exceptions.E+W

(1)Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the previous lease was not a lease to which section 11 applied (and, in the case of a lease granted before 24th October 1961, would not have been if it had been granted on or after that date).

(2)In subsection (1)—

  • existing tenant” means a person who is when, or immediately before, the new lease is granted, the lessee under another lease of the dwelling-house;

  • former tenant is still in possession” means a person who—

(a)was the lessee under another lease of the dwelling-house which terminated at some time before the new lease was granted, and

(b)between the termination of that other lease and the grant of the new lease was continuously in possession of the dwelling-house or of the rents and profits of the dwelling-house; and

the previous lease” means the other lease referred to in the above definitions.

(3)Section 11 does not apply to a lease of a dwelling-house which is a tenancy of an agricultural holding within the meaning of the [F1Agricultural Holdings Act 1986][F2and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995].

(4)Section 11 does not apply to a lease granted on or after 3rd October 1980 to—

  • a local authority,

  • [F3a National Park Authority]

  • a new town corporation,

  • an urban development corporation,

  • [F4 a Mayoral development corporation,]

  • the Development Board for Rural Wales,

  • [F5a non-profit registered provider of social housing]

  • a [F6registered social landlord],

  • a co-operative housing association, or

  • an educational institution or other body specified, or of a class specified, by regulations under section 8 of the M1Rent Act 1977 [F7or paragraph 8 of Schedule 1 to the Housing Act 1988] (bodies making student lettings)

  • [F8a housing action trust established under Part III of the Housing Act 1988].

(5)Section 11 does not apply to a lease granted on or after 3rd October 1980 to—

(a)Her Majesty in right of the Crown (unless the lease is under the management of the Crown Estate Commissioners), or

(b)a government department or a person holding in trust for Her Majesty for the purposes of a government department.

Textual Amendments

F2Words in s. 14(3) added (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 31 (with s. 37)

F3Words in s. 14(4) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 25(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F6Words in s. 14(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(2)

Modifications etc. (not altering text)

Marginal Citations

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