The Local Authorities (Rental Auctions) (England) and Town and Country Planning (General Permitted Development) (Amendment) Regulations 2024

PART 4 Other provisions

Damage

26.  Provision that if the whole or a substantial part of the premises becomes unfit for use or inaccessible then—

(a) (unless any insurance money has been refused because of the tenant’s default) a fair proportion of the rent, as reasonably determined by the landlord’s surveyor, is to be suspended until access and fitness for use are restored, and

(b) the landlord or the tenant may end the tenancy by giving notice in writing to the other, in which case any insurance money will belong to the landlord, but the tenant is not entitled to end the tenancy if the tenant has caused the damage or vitiated the insurance.

Forfeiture

27.  Provision that the landlord may, by re-entering any part of the premises, forfeit the tenancy, but without prejudice to any other rights or remedies of the landlord or the tenant, if—

(a) any amounts are unpaid 14 days after becoming payable under the tenancy (whether formally demanded or not),

(b) there is a breach by the tenant of any term of the tenancy,

(c) the tenant suffers any enforcement by seizure of assets at the premises, or

(d) anyone takes any step whatsoever towards insolvency of the tenant.

Schedule of condition

28.—(1) A requirement that—

(a) as soon as reasonably practicable following the date of the tenancy, the tenant must undertake and finalise a schedule of condition;

(b) within 5 working days of completion of the schedule of condition to the tenant’s reasonable satisfaction the tenant must supply the landlord with a copy of the schedule of condition.

(2) Provision that, within 5 working days of receipt of the schedule of condition, the landlord may—

(a) give the tenant notice that the schedule of condition is final and binding for the purposes of the tenancy (in which case the parties must each sign a counterpart of the schedule of condition recording it and each attach a copy to the tenancy and counterpart), or

(b) give the tenant notice that the schedule of condition is not agreed as final and binding for the purposes of the tenancy (in which case the parties must follow the procedure provided for under sub-paragraph (4)).

(3) Provision that, in the event that the landlord fails to give the tenant any notice under sub-paragraph (2) then the schedule of condition will be deemed to be final and binding for the purposes of the tenancy.

(4) Provision that—

(a) if the landlord gives the tenant notice in accordance with sub-paragraph (2)(b), the parties must in good faith seek to agree such reasonable variations to the schedule of condition as soon as reasonably practicable within 10 working days (failing which either the landlord or the tenant may instruct the Independent Surveyor to prepare the schedule of condition),

(b) the schedule of condition prepared by an Independent Surveyor (including a decision as to the costs of the preparation) is final and binding for the purposes of this tenancy, and

(c) for these purposes, “Independent Surveyor” means an independent surveyor agreed by the landlord and the tenant or (failing agreement) nominated at the request of either party by the president of the Royal Institution of Chartered Surveyors or any person authorised at the relevant time to act on his behalf (either of whose nomination will be binding).

(5) An undertaking that the landlord and tenant will each provide reasonable assistance to the other to undertake and finalise the schedule of condition.

No implied rights

29.  Provision that nothing in the tenancy impliedly grants to the tenant any rights other than those expressly granted by the tenancy.

Exclusion of warranty about use

30.  Provision that nothing in the tenancy implies a warranty that the premises may be used for any purpose.

Notices

31.  Provision that—

(a) section 196 of the Law of Property Act 1925(1) applies to all notices and documents relating to the tenancy;

(b) where the expression “tenant” includes more than one person, service on any one of them is to be treated as service on them all.

Third parties

32.  Provision that the parties to the tenancy do not intend any term of the tenancy to be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999(2) by any person who is not a party.

Section 207 of the Act

33.  Where the local authority is granting the tenancy in the exercise of its powers under section 207 of the Act, provision that—

(a) the local authority has entered into the tenancy pursuant to its power set out in section 207(2) of the Act;

(b) pursuant to section 207(3) of the Act, the parties acknowledge and agree that the tenancy has effect as if it was entered into by the landlord instead of the local authority;

(c) the local authority is acting under section 204(4) of the Act in its own name but is acting so as to bind the landlord rather than itself;

(d) notwithstanding any other provisions in the tenancy, the local authority has no liability whatsoever arising out of or in connection with the tenancy or in respect of the performance of the obligations on the part of the landlord contained in the tenancy and the tenant acknowledges that no claims can be made against the local authority for any failures on the part of the landlord.

(1)

Section 196 was amended by paragraph 75 of Schedule 12 to the Postal Services Act 2011 (c. 5) and S.I. 2001/1149.

(2)

1999 c. 31.