Version Superseded: 20/10/2014
Point in time view as at 04/02/1997.
Housing Act 1985, Paragraph 14 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
14(1)This paragraph applies where the dwelling-house is a flat.E+W
(2)There are implied covenants by the landlord—
(a)to keep in repair the structure and exterior of the dwelling-house and of the building in which it is situated (including drains, gutters and external pipes) and to make good any defect affecting that structure;
(b)to keep in repair any other property over or in respect of which the tenant has rights by virtue of this Schedule;
(c)to ensure, so far as practicable, that services which are to be provided by the landlord and to which the tenant is entitled (whether by himself or in common with others) are maintained at a reasonable level and to keep in repair any installation connected with the provision of those services;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)[F2There is an implied covenant] that the landlord shall rebuild or reinstate the dwelling-house and the building in which it is situated in the case of destruction or damage by fire, tempest, flood or any other cause against the risk of which it is normal practice to insure.
[F3(3A)Sub-paragraphs (2) and (3) have effect subject to paragraph 15(3) (certain obligations not to be imposed, where landlord’s title is leasehold, by reason of provisions of superior lease).]
(4)The county court may, by order made with the consent of the parties, authorise the inclusion in the lease or in an agreement collateral to it of provisions excluding or modifying the obligations of the landlord under the covenants implied by this paragraph, if it appears to the court that it is reasonable to do so.
Textual Amendments
F1Words repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2)(3), Sch. 5 Pt. II para. 41(2), Sch. 12. Pt. I
F2By Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 41(3) it is provided that in Sch. 6 para. 14(3), for the words from the beginning to “requirement” there is inserted “There is an implied covenant”
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