Repairing obligations

13 Leases to which s. 11 applies: general rule.

1

Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.

F21ZA

But in the case of a dwelling-house in Wales, section 11 does not apply if the dwelling-house is subject to an occupation contract (for provisions about repairing obligations in the case of occupation contracts, see Part 4 of the Renting Homes (Wales) Act 2016 (anaw 1)).

1ZB

In this section, “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act).

F11A

Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is—

a

a secure tenancy for a fixed term of seven years or more granted by a person within section 80(1) of the Housing Act 1985 (secure tenancies: the landlord condition), or

b

an assured tenancy for a fixed term of seven years or more that—

i

is not a shared ownership lease, and

ii

is granted by a private registered provider of social housing.

1B

In subsection (1A)—

  • “assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

  • “secure tenancy” has the meaning given by section 79 of the Housing Act 1985; and

  • “shared ownership lease” means a lease—

    1. a

      granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

    2. b

      under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

2

In determining whether a lease is one to which section 11 applies—

a

any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant,

b

a lease which is determinable at the option of the lessor before the expiration of seven years from the commencement of the term shall be treated as a lease for a term of less than seven years, and

c

a lease (other than a lease to which paragraph (b) applies) shall not be treated as a lease for a term of less than seven years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to seven years or more.

3

This section has effect subject to—

  • section 14 (leases to which section 11 applies: exceptions), and

  • section 32(2) (provisions not applying to tenancies within Part II of the M1Landlord and Tenant Act 1954).