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
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.