Repairing obligations

14 Leases to which s. 11 applies: exceptions.

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 1986F2and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.

C1C24

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,

  • F8 a Mayoral development corporation,

  • the Development Board for Rural Wales,

  • F7a non-profit registered provider of social housing

  • a F4registered 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 F5or paragraph 8 of Schedule 1 to the Housing Act 1988 (bodies making student lettings)

  • F6a 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.