Regulations on hazards in social housing: LTA 1985 s. 10B
LTA 1985 s. 10B allows regulations under s. 10A to apply to pre-commencement leases, prescribe hazards, specify periods, and include transitional provisions.
Regulations under section 10A(3) may apply to— leases granted before the day when section 42 of the Social Housing (Regulation) Act 2023 came into force; prescribed hazards which began before that day; only some descriptions of prescribed hazards. Regulations under section 10A(3) may— specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the lessor or another person); specify two (or more) periods in relation to particular action. Regulations under section 10A(3) may (in particular)— require the lessor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard; require the lessor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the lessor— to investigate whether or how a prescribed hazard is affecting the leased dwelling, or to secure that the lessee and any other members of the lessee’s household are provided with alternative accommodation at no cost to them; require the lessor to take action in relation to a prescribed hazard only— in particular circumstances, or if particular conditions are met; provide that the lessor is not required to take action in relation to a prescribed hazard— in particular circumstances, or if particular conditions are met. The Secretary of State may by regulations— provide for section 10A not to apply to particular descriptions of leases; make provision, in relation to the covenant that is implied by section 10A(2), which corresponds to any provision made by section 9A(4) to (8). A power to make regulations under section 10A or this section includes power to make— incidental, transitional or saving provision; different provision for different purposes. The power to make transitional or saving provision may (in particular) be used to make provision about situations where the covenant in section 10A(2)— begins to be implied in a lease after its grant because it becomes a relevant social housing lease; ceases to be implied in a lease because it ceases to be a relevant social housing lease (including provision to save the lessor’s liability for any breach of the covenant occurring before it ceases to be implied). Regulations under section 10A or this section are to be made by statutory instrument. A statutory instrument containing regulations under section 10A or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
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 gives the Secretary of State power to make regulations that supplement the implied covenant in section 10A. The regulations can apply to leases granted before the Social Housing (Regulation) Act 2023 came into force and to hazards that began before that date. They can also apply only to certain types of hazards.
The regulations can set periods for action, which may be reasonable periods decided by the landlord or another person. They can require the landlord to take specific action, including investigating the hazard or providing alternative accommodation at no cost to the tenant. The regulations can also limit the landlord's duty to act in certain circumstances or conditions.
The Secretary of State can also make regulations to exclude certain leases from section 10A or to make provisions similar to those in section 9A(4)-(8). Any regulations under this section or section 10A can include incidental, transitional, or saving provisions. Such regulations must be made by statutory instrument and approved by both Houses of Parliament.
When it applies
- A tenant's lease was granted before the Social Housing (Regulation) Act 2023 came into force, and the landlord must remedy a hazard that existed before that date because the regulations apply to such leases.
- A landlord is required by regulations to investigate a reported hazard, such as a suspected gas leak, rather than immediately fixing it.
- A tenant is provided with alternative accommodation at no cost while the landlord carries out work to remedy a prescribed hazard.
- The regulations specify that the landlord only has to take action to remedy a hazard if certain conditions are met, such as the tenant reporting the hazard in writing.
What this section does not say
- This provision does not create the implied covenant itself; the covenant is implied by section 10A, not by section 10B.
- It does not apply to private sector leases; it only applies to relevant social housing leases as defined in section 10A.
- It does not list the specific hazards that are prescribed; those are set out in regulations made under section 10A(3).
Related sections
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This page reproduces the text of LTA 1985 s. 10B 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.