Remedying hazards in social housing LTA 1985 s. 10A
LTA 1985 s. 10A implies a covenant into English social housing leases (where s. 9A applies) requiring landlords to remedy prescribed hazards within set times.
This section applies to a lease of a dwelling if— the dwelling is in England, the lease is a relevant social housing lease, and section 9A— applies to the lease (see section 9B), or would apply to the lease if the provision in section 9B(3) did not exist. There is implied in the lease a covenant by the lessor that the lessor will comply with all prescribed requirements that are applicable to that lease. The Secretary of State must make regulations which require the lessor under a lease to which this section applies to take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations. Regulations under subsection (3) are enforceable against lessors only through actions for breach of the covenant that is implied by subsection (2). In any proceedings for a breach of the covenant that is implied by subsection (2), it is a defence for the lessor to prove that the lessor used all reasonable endeavours to avoid that breach. For the purposes of this section a lease is a “relevant social housing lease” at any time when— the lessor under the lease is a registered provider of social housing, and the dwelling leased under the lease— is social housing, but is not low cost home ownership accommodation. In this section and section 10B— “ lease ”, “ lessor ” and “ lessee ” have the same meanings as in section 9A (see section 9A(9; “ low cost home ownership accommodation ” has the meaning given in section 70 of the Housing and Regeneration Act 2008; “ prescribed hazard ” has the same meaning as in section 10 (see section 10(2) and (3; “ prescribed requirement ” means a requirement prescribed in regulations under subsection (3); “ social housing ” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that 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 section automatically inserts a terms-of-lease obligation into social housing leases for dwellings located in England, provided section 9A applies (or would apply but for section 9B(3)). Under this implied covenant, the landlord must comply with prescribed requirements set out by the Secretary of State to address hazards affecting the home.
The Secretary of State must make regulations specifying the concrete steps landlords must take when prescribed hazards arise, along with mandatory timeframes for taking action. Tenants can enforce these regulations against landlords solely by taking legal action for breach of this implied covenant.
A landlord facing court action for breach of this covenant has a valid statutory defence if they prove they used all reasonable endeavours to avoid the breach. This provision applies only where the landlord is a registered provider of social housing, and explicitly excludes low cost home ownership accommodation as defined under section 70 of the Housing and Regeneration Act 2008.
When it applies
- A housing association tenant in England experiences severe black mould on bedroom walls affecting health, and the landlord fails to meet repair deadlines set by regulations.
- A social housing provider fails to inspect or make safe a dangerous gas leak in a tenant's flat within the timeframe mandated by government regulations.
- A registered provider of social housing delays fixing collapsed structural ceiling plaster in a social rented home after notification.
What this section does not say
- A shared owner seeking statutory remedies under this section (excluded as low cost home ownership accommodation under section 70 of the Housing and Regeneration Act 2008).
- A tenant in a private rented property seeking remedies against a commercial private landlord rather than a registered provider of social housing.
- A social tenant attempting to report a landlord directly for administrative fines rather than enforcing the obligation through court proceedings for breach of covenant.
Related sections
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This page reproduces the text of LTA 1985 s. 10A 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.