PART 4CONDITION OF DWELLING

CHAPTER 2CONDITION OF DWELLING

(THIS CHAPTER APPLIES TO ALL SECURE CONTRACTS, ALL PERIODIC STANDARD CONTRACTS, AND ALL FIXED TERM STANDARD CONTRACTS MADE FOR A TERM OF LESS THAN SEVEN YEARS)

Limits on landlord's obligations under this Chapter

I1C197Limits on sections 91 and 92: notice

1

The landlord's obligations under sections 91(1)(b) and 92(1) and (2) do not arise until the landlord (or in the case of joint landlords, any one of them) becomes aware that works or repairs are necessary.

2

The landlord complies with the obligations under those provisions if the landlord carries out the necessary works or repairs within a reasonable time after the day on which the landlord becomes aware that they are necessary.

3

Subsection (4) applies if—

a

the landlord (the “old landlord”) transfers the old landlord's interest in the dwelling to another person (the “new landlord”), and

b

the old landlord (or where two or more persons jointly constitute the old landlord, any one of them) is aware before the date of the transfer that works or repairs are necessary in order to comply with section 91(1) or 92(1) or (2).

4

The new landlord is to be treated as becoming aware of the need for those works or repairs on the date of the transfer, but not before.

5

This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.