Business tenancies: excluded provisions LTA 1985 s. 32
LTA 1985 s. 32: provisions not applying to business tenancies (Part II 1954 Act) - includes ss. 1-3A, 11, 17, 30C-30E, 31.
The following provisions do not apply to a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies— sections 1 to 3A (information to be given to tenant), section 17 (specific performance of landlord’s repairing obligations). section 30C (implied terms relation to building safety), section 30D (building safety costs), section 30E (liability for remuneration of building safety director of resident management company etc). 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 new lease is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies and the previous lease either is such a tenancy or would be but for section 28 of that Act (tenancy not within Part II if renewal agreed between the parties). In this subsection “ existing tenant ”, “ former tenant still in possession ” and “ previous lease ” have the same meaning as in section 14(2). Section 31 (reserve power to limit rents) does not apply to a dwelling forming part of a property subject to a tenancy to which Part II of the Landlord and Tenant Act 1954 applies; but without prejudice to the application of that section in relation to a sub-tenancy of a part of the premises comprised in such a tenancy.
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 32 of the Landlord and Tenant Act 1985 lists provisions that do not apply to business tenancies governed by Part II of the Landlord and Tenant Act 1954. These include the duties to give information to tenants (sections 1 to 3A), the right to specific performance of repairing obligations (section 17), and the building safety provisions (sections 30C, 30D, and 30E).
The repairing obligation under section 11 is also excluded for new leases granted to existing tenants or former tenants still in possession, provided the new lease is a business tenancy and the previous lease was also a business tenancy (or would be but for section 28 of the 1954 Act). The terms 'existing tenant', 'former tenant still in possession', and 'previous lease' have the same meanings as in section 14(2).
Furthermore, the reserve power to limit rents under section 31 does not apply to a dwelling that forms part of a property subject to a business tenancy. However, this does not prevent the application of section 31 to a sub-tenancy of a part of the premises.
When it applies
- A landlord grants a new business lease to an existing tenant and refuses to carry out repairs under section 11, citing section 32.
- A tenant in a business tenancy requests information under sections 1-3A, but the landlord says those provisions do not apply.
- A tenant of a dwelling that is part of a business property tries to use section 31 to limit a rent increase, but the landlord points to section 32.
- A building safety dispute arises in a business tenancy, and the landlord argues that sections 30C-30E do not apply.
- A former tenant still in possession after a new business lease is granted and claims the landlord must repair under section 11, but the landlord relies on section 32.
What this section does not say
- This provision does not cover residential tenancies that are not business tenancies under Part II of the 1954 Act.
- It does not remove the obligation to provide a rent book under section 4 for business tenancies (section 4 is not listed in section 32).
- It does not affect the application of section 31 to sub-tenancies of business premises; section 31 may still apply to such sub-tenancies.
- It does not govern the application of building safety provisions to non-business tenancies.
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This page reproduces the text of LTA 1985 s. 32 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.