Commonhold and Leasehold Reform Act 2002

Repairing obligations: Wales E+W

[F1 3A. (1) The obligations imposed on a landlord by virtue of section 91 (landlord’s obligation: fitness for human habitation), section 92 (landlord’s obligation to keep dwelling in repair) and section 93 (obligations under sections 91 and 92: supplementary) of the Renting Homes Wales Act 2016 (anaw 1) (referred to in this paragraph as “the 2016 Act”) are, so far as relating to any occupation contract of any flat or other unit contained in the premises, instead obligations of the RTM company.

(2) The RTM company owes to any person who is in occupation of a flat or other unit contained in the premises otherwise than under an occupation contract the same obligations as would be imposed on it by virtue of sections 91, 92 and 93 of the 2016 Act if that person were a contract-holder under an occupation contract of the flat or other unit.

(3) But sub-paragraphs (1) and (2) do not apply to an obligation to the extent that it relates to a matter concerning only the flat or other unit concerned.

(4) The obligations imposed on the RTM company by virtue of sub-paragraph (1) in relation to any occupation contract are owed to the landlord (as well as to the contract-holder).

(5) Where appropriate, sections 95 to 97 of the 2016 Act have effect with such modifications as are necessary in consequence of sub-paragraphs (1) to (3).

(6) The references in section 98 of the 2016 Act to the landlord include the RTM company; and a person who is in occupation of a flat or other unit contained in the premises otherwise than under an occupation contract has, in relation to the flat or other unit, the same obligation as that imposed on a contract-holder by virtue of that section.

(7) In this paragraph, the following terms have the same meaning as in section 7 of the 2016 Act—

(a) “contract-holder” (see section 7 (see also section 48) of that Act);

(b) “occupation contract” (see section 7 of that Act).]

Textual Amendments

F1 Sch. 7 para. 3A inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 27(2)(b)