Housing Act 1985

Repairs and improvements

96 Right to carry out repairs.

(1) The Secretary of State may by regulations make a scheme for entitling secure tenants, subject to and in accordance with the provisions of the scheme—

(a) to carry out to the dwelling-houses of which they are secure tenants repairs which their landlords are obliged by repairing covenants to carry out, and

(b) after carrying out the repairs, to recover from their landlords such sums as may be determined by or under the scheme.

(2) The regulations may make such procedural, incidental, supplementary and transitional provision as may appear to the Secretary of State to be necessary or expedient, and may in particular—

(a) provide for questions arising under the scheme to be referred to and determined by the county court;

(b) provide that where a secure tenant makes application under the scheme his landlord’s obligation under the repairing covenants shall cease to apply for such period and to such extent as may be determined by or under the scheme.

(3) The regulations may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(4) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section “repairing covenant”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house.

97 Tenant’s improvements require consent.

(1) It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.

(2) In this Part “improvement” means any alteration in, or addition to, a dwelling-house, and includes—

(a) any addition to or alteration in landlord’s fixtures and fittings,

(b) any addition or alteration connected with the provision of services to the dwelling-house,

(c) the erection of a wireless or television aerial, and

(d) the carrying out of external decoration.

(3) The consent required by virtue of subsection (1) shall not be unreasonably withheld, and if unreasonably withheld shall be treated as given.

(4) The provisions of this section have effect, in relation to secure tenancies, in place of section 19(2) of the [1927 c. 36.] Landlord and Tenant Act 1927 (general provisions as to covenants, &c. not to make improvements without consent).

98 Provisions as to consents required by s. 97.

(1) If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.

(2) In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—

(a) to make the dwelling-house, or any other premises, less safe for occupiers,

(b) to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or

(c) to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.

(3) A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(4) Where a tenant has applied in writing for a consent which is required by virtue of section 97—

(a) the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and

(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

99 Conditional consent to improvements.

(1) Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions.

(2) If the tenant has applied in writing for consent and the landlord gives consent subject to an unreasonable condition, consent shall be taken to have been unreasonably withheld.

(3) If a question arises whether a condition was reasonable, it is for the landlord to show that it was.

(4) A failure by a secure tenant to satisfy a reasonable condition imposed by his landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Part as a breach by the tenant of an obligation of his tenancy.

100 Power to reimburse cost of tenant’s improvements.

(1) Where a secure tenant has made an improvement and—

(a) the work on the improvement was begun on or after 3rd October, 1980,

(b) the landlord, or a predecessor in title of the landlord, has given its written consent to the improvement or is treated as having given its consent, and

(c) the improvement has materially added to the price which the dwelling-house may be expected to fetch if sold on the open market, or the rent which the landlord may be expected to be able to charge on letting the dwelling-house,

the landlord may, at or after the end of the tenancy, make to the tenant (or his personal representatives) such payment in respect of the improvement as the landlord considers to be appropriate.

(2) The amount which a landlord may pay under this section in respect of an improvement shall not exceed the cost, or likely cost, of the improvement after deducting the amount of any improvement grant, intermediate grant, special grant or repairs grant under Part XV in respect of the improvement.

(3) The power conferred by this section to make such payments as are mentioned in subsection (1) is in addition to any other power of the landlord to make such payments.

101 Rent not to be increased on account of tenant’s improvements.

(1) This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made an improvement and has borne the whole or part of its cost; and for the purposes of this section a person shall be treated as having borne any cost which he would have borne but for an improvement grant, intermediate grant, special grant or repairs grant under Part XV.

(2) In determining, at any time whilst the improving tenant or his qualifying successor is a secure tenant of the dwelling-house, whether or to what extent to increase the rent, the landlord shall treat the improvement as justifying only such part of an increase which would otherwise be attributable to the improvement as corresponds to the part of the cost which was not borne by the tenant (and accordingly as not justifying an increase if he bore the whole cost).

(3) The following are qualifying successors of an improving tenant—

(a) a person in whom the tenancy vested under section 89 (succession to periodic tenancy) on the death of the tenant;

(b) a person to whom the tenancy was assigned by the tenant and who would have been qualified to succeed him if he had died immediately before the assignment,

(c) a person to whom the tenancy was assigned by the tenant in pursuance of an order made under section 24 of the [1973 c. 18.] Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

(d) a spouse or former spouse of the tenant to whom the tenancy has been transferred by an order under paragraph 22 of Schedule 1 to the [1983 c. 19.] Matrimonial Homes Act 1983.

(4) This section does not apply to an increase of rent attributable to rates.