Court may order specific performance LTA 1985 s. 30H
Court may order specific performance of implied building safety terms (s30C(2)/(3)) despite equity rules, and for certain breaches regardless of location.
In proceedings relating to a breach of a covenant in section 30C (2) or (3) (implied building safety terms), the court may order specific performance of the covenant— notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise, and in the case of a breach of a covenant in section 30C (2) or (3) (b) or (c) , whether or not the breach relates to a part of the higher-risk building let to the tenant.
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 allows a court to order a landlord (or tenant) to actually carry out a building safety duty that was implied into the lease by section 30C, rather than just pay compensation. Normally, a court might refuse such an order if both sides hadn't agreed to be bound in the same way – that is called 'lack of mutuality'. This section says the court can still make the order even if that equitable rule would otherwise apply.
For breaches of the duties in section 30C(2) or (3)(b) or (c), the court can order performance even if the breach is in a part of the building that the tenant does not occupy, such as common areas or the structure. This removes a common barrier to getting a court order for repairs in shared parts of a higher-risk building.
When it applies
- A landlord fails to install fire doors in the communal hallway as required by the implied building safety terms, and the tenant wants a court order forcing the landlord to install them.
- A tenant's flat has defective cladding that the landlord refuses to replace, despite the implied duty to keep the building safe.
- A landlord argues that because the tenant also has obligations under the lease, the court cannot order specific performance for lack of mutuality; the tenant relies on this section to overcome that argument.
- A breach of the implied structural safety term occurs in the roof of the building, which is not part of any tenant's lease, and the court is asked to order the landlord to repair it.
What this section does not say
- This section does not give you a right to claim damages for building safety breaches – damages are governed by other rules and common law.
- It does not apply to covenants that are not listed in section 30C(2) or (3), such as general repair covenants or service charge provisions.
- It does not force the court to order specific performance in every case; the court still has discretion and may refuse if performance is impossible or would cause disproportionate hardship.
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This page reproduces the text of LTA 1985 s. 30H 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.