Agricultural workers: fitness terms (LTA 1985 s.9)
Implies fitness terms from s.8 into agricultural workers' employment contracts when house is part of remuneration, substituting employer for landlord.
Where under the contract of employment of a worker employed in agriculture the provision of a house for his occupation forms part of his remuneration and the provisions of section 8 (implied terms as to fitness for human habitation) are inapplicable by reason only of the house not being let to him— there are implied as part of the contract of employment notwithstanding any stipulation to the contrary, the like condition and undertaking as would be implied under that section if the house were so let, and the provisions of that section apply accordingly, with the substitution of “employer” for “landlord” and such other modifications as may be necessary. This section does not affect any obligation of a person other than the employer to repair a house to which this section applies, or any remedy for enforcing such an obligation. In this section “ house ” includes— a part of a house, and any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.
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 applies to agricultural workers whose contract of employment includes the provision of a house as part of their pay. Even though the house is not rented to them (no tenancy), the law treats it as if it were let for the purposes of fitness for human habitation.
It writes into the employment contract the same implied condition and undertaking that section 8 would imply if the house were let. The employer steps into the landlord's role. Any term in the contract that tries to remove this duty is overridden.
The section does not affect any obligation a third party (for example, the actual owner of the house) may have to repair, nor any remedy for enforcing that obligation.
"House" includes part of a house, and any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.
When it applies
- A farmworker lives in a tied cottage that has a leaking roof; the employer says there is no tenancy so no duty to repair – this section implies a duty of fitness for habitation.
- An agricultural worker's house has rising damp and faulty electrics; the employer refuses to fix it because the contract says 'no implied terms' – this section overrides that clause.
- The house is owned by a third party but provided by the employer; the worker can still enforce the implied terms against the employer, while the third party's own repair duties remain separate.
- The house includes a garden and a shed; those are treated as part of the 'house' for the implied fitness terms.
What this section does not say
- It does not apply to agricultural workers who rent a house independently (not as part of their remuneration) – those are covered by section 8 directly.
- It does not apply to workers in non-agricultural jobs, even if they live in employer-provided housing.
- It does not create a tenancy or give the worker any of the rights that go with a tenancy – only the implied fitness terms are added to the employment contract.
- It does not impose repair duties on the employer beyond fitness for human habitation – other repairs may need separate legal grounds.
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. 9 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.