Exceptions to s.11 repair duties | LTA 1985 s. 14
Landlord and Tenant Act 1985 s. 14 excludes agricultural tenancies, certain social housing bodies, Crown leases, and renewals of non-s.11 leases from s. 11.
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 previous lease was not a lease to which section 11 applied (and, in the case of a lease granted before 24th October 1961, would not have been if it had been granted on or after that date). In subsection (1)— “ existing tenant ” means a person who is when, or immediately before, the new lease is granted, the lessee under another lease of the dwelling-house; “ former tenant is still in possession ” means a person who— was the lessee under another lease of the dwelling-house which terminated at some time before the new lease was granted, and between the termination of that other lease and the grant of the new lease was continuously in possession of the dwelling-house or of the rents and profits of the dwelling-house; and “ the previous lease ” means the other lease referred to in the above definitions. Section 11 does not apply to a lease of a dwelling-house which is a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 . Section 11 does not apply to a lease granted on or after 3rd October 1980 to— a local authority, a National Park Authority a new town corporation, an urban development corporation, a Mayoral development corporation, the Development Board for Rural Wales, a non-profit registered provider of social housing a registered social landlord , a co-operative housing association, or an educational institution or other body specified, or of a class specified, by regulations under section 8 of the Rent Act 1977 or paragraph 8 of Schedule 1 to the Housing Act 1988 (bodies making student lettings) a housing action trust established under Part III of the Housing Act 1988 . Section 11 does not apply to a lease granted on or after 3rd October 1980 to— Her Majesty in right of the Crown (unless the lease is under the management of the Crown Estate Commissioners), or a government department or a person holding in trust for Her Majesty for the purposes of a government department.
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
Section 14 sets out specific exemptions where the landlord's statutory repairing obligations under section 11 do not apply to a tenancy. Even if a lease would otherwise fall within the scope of section 11, these provisions remove the statutory repairing duties from the landlord.
First, section 11 does not apply to a new lease granted to an existing or former tenant in possession if the previous lease was not subject to section 11 (or would not have been if granted on or after 24th October 1961).
Second, section 11 does not apply to agricultural tenancies or farm business tenancies. Third, it exempts leases granted on or after 3rd October 1980 to designated public bodies, social housing providers, educational institutions making student lettings, or the Crown.
When it applies
- A tenant in continuous possession accepts a new lease extending a previous lease that was exempt from statutory repairing duties.
- A tenant rents residential property under an agricultural tenancy subject to agricultural tenancy legislation.
- A local authority or registered social landlord takes a lease of a dwelling-house on or after 3rd October 1980.
What this section does not say
- The standard threshold rules for which short residential leases are covered by repairing duties (addressed in LTA 1985 s. 11 and s. 13).
- Restrictions on a landlord attempting to contract out of repairing obligations in standard residential tenancies (addressed in LTA 1985 s. 12).
- Court orders or specific performance actions to compel a landlord to carry out repairs (addressed in LTA 1985 s. 17).
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This page reproduces the text of LTA 1985 s. 14 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.