Repairing obligations in flats HA 1988 s. 116
HA 1988 s. 116 extends landlord repairing duties in short leases under Landlord and Tenant Act 1985 to common parts and exterior installations.
In section II of the Landlord and Tenant Act 1985 (repairing obligations in short leases) after subsection (1) there shall be inserted the following subsections— If a lease to which this section applies is a lease of a dwelling- house which forms part only of a building, then, subject to subsection (IB), the covenant implied by subsection (1) shall have effect as if— the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and any reference in paragraphs (b) and (c) of that subsection to an installation in the dweiling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either— forms part of any part of a building in which the lessor has an estate or interest; or is owned by the lessor or under his control. Nothing in subsection (IA) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987, which the lessee, as such, is entitled to use. After subsection (3) of that section there shall be inserted the following subsection— In any case where— the lessor’s repairing covenant has effect as mentioned in subsection (IA), and in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs, then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs. At the end of section 14(4) of the said Act of 1985 (which excludes from section II certain leases granted to various bodies) there shall be added— a housing action trust established under Part 111 of the Housing Act 1988 . The amendments made by this section do not have effect with respect to—- a lease entered into before the commencement of this Act; or a lease entered into pursuant to a contract made before the commencement of this Act.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision amends repairing obligations in short leases under the Landlord and Tenant Act 1985. For a dwelling-house forming part of a larger building, the implied repairing covenant extends to any part of the building in which the landlord has an interest, and to installations serving the dwelling-house that the landlord owns or controls.
The landlord is not required to carry out repairs unless the defect affects the tenant's enjoyment of the dwelling-house or permitted common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987. If the landlord lacks sufficient access rights to perform required repairs, proving reasonable endeavours to acquire those rights serves as a defence.
The rule also applies to leases granted by a housing action trust under Part 111 of the Housing Act 1988. It does not apply to leases or contracts made before this Act came into force.
When it applies
- A broken central heating boiler located in the landlord's basement stops supplying hot water to your rented flat.
- Rain leaks through a damaged roof owned by your landlord into your top-floor flat.
- The main entrance door lock serving all flats in the block breaks, compromising your security.
- A landlord attempts to repair a common drain line but cannot get access from an adjoining landowner despite asking.
What this section does not say
- Leases or rental contracts entered into prior to the commencement of this Act.
- Defects in common areas that do not affect your enjoyment of your flat or shared facilities.
- Properties where the landlord has no legal interest in the surrounding building or shared structure.
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This page reproduces the text of HA 1988 s. 116 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.