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Landlord and Tenant Act 1985

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32Provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954.

(1)The following provisions do not apply to a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (business tenancies) applies—

  • sections 1 to 3 (information to be given to tenant),

  • section 17 (specific performance of landlord’s repairing obligations).

(2)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 new lease is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies and the previous lease either is such a tenancy or would be but for section 28 of that Act (tenancy not within Part II if renewal agreed between the parties).

In this subsection “existing tenant”, “former tenant still in possession” and “previous lease” have the same meaning as in section 14(2).

(3)Section 31 (reserve power to limit rents) does not apply to a dwelling forming part of a property subject to a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 applies; but without prejudice to the application of that section in relation to a sub-tenancy of a part of the premises comprised in such a tenancy.

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