Restrictions on contracting out (LTA 1985 s. 30F)
Voids covenants excluding obligations under s.30C (implied building safety terms) or modifying s.30D(3) or s.30E(2) (liability for building safety costs).
A covenant or agreement, whether contained in a lease to which section 30C (implied terms) applies or in an agreement collateral to such a lease, is void in so far as it purports— to exclude or limit the obligations of the landlord or the tenant under section 30C , or to authorise any forfeiture or impose on the tenant any penalty, disability or obligation in the event of the tenant enforcing or relying upon the obligations of the landlord. A covenant or agreement, whether contained in a lease to which section 30D or 30E applies or in an agreement collateral to such a lease, is void insofar as it purports to modify the effect of section 30D (3) or 30E (2) .
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 makes void any clause in a lease or in a separate agreement that tries to get around the building safety rules in sections 30C, 30D, and 30E. It covers both the lease itself and any collateral agreement linked to it.
Specifically, it voids any term that would exclude or limit the landlord's or tenant's duties under section 30C (implied terms about building safety). It also voids any term that tries to change the effect of section 30D(3) or 30E(2), which set rules on who pays for building safety costs and how much.
The provision does not create any new obligations itself. Instead, it protects the existing rights and duties under those sections from being overridden by private contracts.
When it applies
- A landlord includes a clause in the lease saying the tenant cannot require the landlord to carry out building safety repairs.
- A tenant signs a separate agreement promising not to claim any costs for building safety work from the landlord.
- A lease says the tenant forfeits the lease if they challenge the landlord's decisions about building safety costs.
- A tenant agrees in writing to pay all building safety costs without the limit set by section 30D(3).
- A landlord inserts a penalty clause if the tenant relies on the implied building safety terms.
What this section does not say
- It does not tell you what the building safety obligations are (those are in sections 30C, 30D, and 30E).
- It does not cover disputes about the amount of service charges that are not related to building safety.
- It does not give you a right to claim damages or specific performance (that is covered by section 30H).
- It does not apply to leases that are not within the scope of sections 30C to 30E.
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This page reproduces the text of LTA 1985 s. 30F 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.