Implied terms as to fitness for human habitationE+W

[F19CApplication of section 9A to certain dwellings occupied by agricultural workersE+W

(1)This section applies where under a contract of employment of a worker employed in agriculture—

(a)the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and

(b)the provisions of section 9A (implied term as to fitness for human habitation of dwellings in England) are inapplicable by reason only of the dwelling not being let to the worker.

(2)There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies.

(3)The provisions of section 9A apply accordingly—

(a)with the substitution of “employer” and “employee” for “lessor” and “lessee”, and

(b)with such other modifications as may be necessary.

(4)This section does not affect—

(a)any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or

(b)any remedy for enforcing such an obligation.]

Textual Amendments