County court can declare if s.11 applies - LTA 1985 s. 15
County court can declare whether section 11 (repairing obligations) applies to a lease, regardless of net annual value, even if only a declaration is sought.
The county court has jurisdiction to make a declaration that section 11 (repairing obligations) applies, or does not apply, to a lease— whatever the net annual value of the property in question, and notwithstanding that no other relief is sought than a declaration.
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 county court the power to decide whether section 11 (the landlord's repairing obligations) applies to a lease. The court can make this declaration even if the property's net annual value would normally take it outside the county court's jurisdiction, and even if the only thing the person asking wants is a statement from the court (a declaration) without asking for any other remedy like damages or an order to do repairs.
A declaration under this section can be either that section 11 does apply or that it does not apply. This is useful when there is a dispute about whether the landlord is required to keep the property in repair under section 11, and the parties need a definitive answer before taking further steps.
The provision removes two potential obstacles: the property's value and the need to ask for additional relief. So a tenant of a high-value lease can still get a county court declaration about the repair obligation.
When it applies
- A tenant of a flat with a high net annual value wants a court to confirm that the landlord must repair the roof under section 11.
- A landlord argues that section 11 does not apply because the lease is a long lease, and the tenant asks the county court to declare that it does apply.
- A tenant whose lease is short but the property is valuable (above the usual county court limit) seeks only a declaration that the landlord's repairing obligation exists.
- After a dispute about whether a repair is the landlord's responsibility, one party asks the county court for a declaration under section 15 without claiming damages or specific performance.
What this section does not say
- This provision does not set out what the repairing obligations are – that is done by section 11 itself.
- It does not create any right to damages, an order for repair, or possession; those are separate remedies.
- It does not apply to leases that are excluded from section 11 under sections 13 and 14.
- It does not change the substantive test for whether section 11 applies; it only removes jurisdictional hurdles.
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of LTA 1985 s. 15 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.