Homes (Fitness for Human Habitation) Bill (HC Bill 234)

1 Fitness for human habitation

(1) The Landlord and Tenant Act 1985 is amended in accordance with subsections
(2) to (5).

(2) In section 8 (implied terms as to fitness for human habitation)—

(a) 5in the heading, after “habitation” insert “: Wales”;

(b) in subsection (1), after “house”, in the first place it occurs, insert “in
Wales”.

(3) After section 9 (application of section 8 to certain houses occupied by
agricultural workers) insert—

“9A 10Fitness for human habitation of dwellings in England

(1) In a lease to which this section applies of a dwelling in England (see
section 9B), there is implied a covenant by the lessor that the dwelling—

(a) is fit for human habitation at the time the lease is granted or
otherwise created or, if later, at the beginning of the term of the
15lease, and

(b) will remain fit for human habitation during the term of the
lease.

(2) The implied covenant is not to be taken as requiring the lessor—

(a) to carry out works or repairs for which the lessee is liable by
20virtue of—

(i) the duty of the lessee to use the premises in a tenant-like
manner, or

(ii) an express covenant of the lessee of substantially the
same effect as that duty;

(b) 5to rebuild or reinstate the dwelling in the case of destruction or
damage by fire, storm, flood or other inevitable accident;

(c) to keep in repair or maintain anything which the lessee is
entitled to remove from the dwelling;

(d) to carry out works or repairs which, if carried out, would put
10the lessor in breach of any obligation imposed by any enactment
(whenever passed or made);

(e) to carry out works or repairs requiring the consent of a superior
landlord or other third party in circumstances where consent
has not been obtained following reasonable endeavours to
15obtain it.

(3) The implied covenant is also not to be taken as imposing on the lessor
any liability in respect of the dwelling being unfit for human habitation
if the unfitness is wholly or mainly attributable to—

(a) the lessee’s own breach of covenant, or

(b) 20disrepair which the lessor is not obliged to make good because
of an exclusion or modification under section 12 (power of
county court to authorise exclusions or modifications in leases
in respect of repairing obligations under section 11).

(4) Any provision of a lease or of any agreement relating to a lease
25(whether made before or after the grant or creation of the lease) is void
to the extent that it purports—

(a) to exclude or limit the obligations of the lessor under the
implied covenant, or

(b) to authorise any forfeiture or impose on the lessee any penalty,
30disability or obligation in the event of the lessee enforcing or
relying upon those obligations.

(5) Where in any proceedings before a court it is alleged that a lessor is in
breach of an obligation under the implied covenant, the court may
order specific performance of the obligation (regardless of any
35equitable rule restricting the scope of that remedy).

(6) Where a lease to which this section applies of a dwelling in England
forms part only of a building, the implied covenant has effect as if the
reference to the dwelling in subsection (1) included a reference to any
common parts of the building in which the lessor has an estate or
40interest.

(7) In a lease to which this section applies of a dwelling in England, there
is also implied a covenant by the lessee that the lessor, or a person
authorised in writing by the lessor, may enter the dwelling for the
purpose of viewing its condition and state of repair.

(8) 45The covenant implied by subsection (7) requires entry to the dwelling
to be permitted—

(a) only at reasonable times of the day, and

(b) only if at least 24 hours’ notice in writing has been given to the
occupier of the dwelling.

(9) In this section—

• “common parts” has the meaning given by section 60(1) of the
  Landlord and Tenant Act 1987;

• “lease” does not include a mortgage term;

• 5“lessee” means the person for the time being entitled to the term of
  a lease;

• “lessor” means the person for the time being entitled to the
  reversion expectant on a lease.

9B Leases to which section 9A applies

(1) 10Section 9A applies to a lease under which a dwelling is let wholly or
mainly for human habitation if either of the following applies—

(a) the lease is for a term of less than 7 years, or

(b) the lease is of a kind mentioned in subsection (1A) or (1AB) of
section 13 (leases to which section 11 applies: secure, assured or
15introductory tenancies for fixed term of 7 years or more).

This is subject as follows.

(2) Section 9A does not apply to any lease of a kind mentioned in section
14 (exceptions for leases to which section 11 applies).

(3) Except as mentioned in subsections (4), (5) and (6), section 9A does not
20apply to a lease granted—

(a) before the commencement date, or

(b) on or after that date in pursuance of an agreement entered into,
or an order of a court made, before the commencement date.

(4) Section 9A applies to a periodic or secure tenancy that is in existence on
25the commencement date, but in the case of any such tenancy the
covenant implied by that section has effect in the following way—

(a) subsection (1)(a) of that section has effect as if the reference to
the later of the times there mentioned were a reference to the
time that begins at the end of the period of 12 months beginning
30with the commencement date, and

(b) subsection (1)(b) of that section has effect only in respect of
times falling after the end of that 12 month period.

(5) Section 9A applies to a periodic or secure tenancy that comes into
existence after the commencement date on expiry of a term of a lease
35granted before that date.

(6) Section 9A applies to a lease for a fixed term which—

(a) is granted or renewed before the commencement date, and

(b) is renewed for a further fixed term on or after that date,

and for this purpose the renewal on or after the commencement date is
40to be treated as a grant of the lease on or after that date.

(7) For the purposes of subsection (1) it is immaterial—

(a) whether the dwelling is to be occupied under the lease or under
an inferior lease derived out of it, or

(b) that the lease also demises other property (which may consist of
45or include one or more other dwellings).

(8) In determining for the purposes of subsection (1)(a) whether a lease is
for a term of less than 7 years—

(a) any part of the term falling before the grant or creation is to be
ignored and the lease is to be treated as a lease for a term
5commencing with the grant or creation;

(b) a lease which is determinable at the option of the lessor before
the expiry of 7 years from the commencement of the term is to
be treated as a lease for a term of less than 7 years;

(c) a lease (other than one to which paragraph (b) applies) is not to
10be treated as a lease for a term of less than 7 years if it confers on
the lessee an option for renewal for a term which, together with
the original term, amounts to 7 years or more.

(9) In this section—

• “the commencement date” means the date on which the Homes
  15(Fitness for Human Habitation) Act 2018 comes into force;

• “lease”, “lessee” and “lessor” have the same meanings as in section
  9A;

• “secure tenancy” has the meaning given by section 79 of the
  Housing Act 1985.

9C 20Application of section 9A to certain dwellings occupied by
agricultural workers

(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
25part of the worker’s remuneration, and

(b) the provisions of section 9A (implied term as to fitness for
human habitation) 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
30stipulation 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”
35and “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
40by virtue of this section, or

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

(4) In section 10 (fitness for human habitation)—

(a) the existing text becomes subsection (1);

(b) in that subsection—

(i) 45after “house”, in both places where it occurs, insert “or
dwelling”;

(ii) after “facilities for preparation and cooking of food and for the

disposal of waste water” insert—

• ““in relation to a dwelling in England, any
  prescribed hazard;”;

(c) after that subsection insert—

“(2) 5In subsection (1) “prescribed hazard” means any matter or
circumstance amounting to a hazard for the time being
prescribed in regulations made by the Secretary of State under
section 2 of the Housing Act 2004.

(3) The definition of “hazard” in section 2(1) of the Housing Act
102004 applies for the purposes of subsection (2) as though the
reference to a potential occupier were omitted.”

(5) In section 39 (index of defined expressions), after the entry in the list for “lease,
lessee and lessor (generally)” insert—

(6) In section 302 of the Housing Act 1985 (management and repair of houses
acquired under section 300 or retained under section 301), in paragraph (c)—

(a) for “section 8” substitute “sections 8 and 9A”, and

(b) 20for “does” substitute “do”.

2 Extent, commencement and short title

(1) This Act extends to England and Wales.

(2) This Act comes into force at the end of the period of three months beginning
with the day on which it is passed.

(3) 25This Act may be cited as the Homes (Fitness for Human Habitation) Act 2018.