Application to Isles of Scilly – LTA 1985 s. 35
LTA 1985 s. 35 allows the Secretary of State to modify the Act's application to the Isles of Scilly by statutory instrument subject to annulment.
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct. An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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 states that the Landlord and Tenant Act 1985 applies to the Isles of Scilly, but the Secretary of State can make orders to change how it applies – by adding exceptions, adaptations or modifications. This allows the Act to be tailored to the specific circumstances of the Isles.
The order must be made by statutory instrument, which is a type of secondary legislation. Such an instrument can be annulled by a resolution of either House of Parliament, providing a check on the Secretary of State's power.
When it applies
- A tenant on St Mary's wants to know if the implied repairing obligations under the Act apply to their tenancy.
- A landlord on Tresco is unsure whether the rent book requirements apply to their lets.
- The local authority on the Isles of Scilly needs to enforce the Act's provisions on fitness for human habitation.
- A resident management company on the Isles wants to know if the building safety director provisions apply.
- A property manager is checking whether the Act's provisions on information to tenants apply.
What this section does not say
- This provision does not itself set out any specific exceptions or modifications for the Isles of Scilly – those are to be made by order.
- It does not tell you whether the Act applies in its entirety or with minor changes – you must check any relevant statutory instrument.
- It does not apply to other islands such as the Isle of Man or the Channel Islands.
- It does not give the Secretary of State power to modify other Acts, only this one.
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This page reproduces the text of LTA 1985 s. 35 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.