LTA 1985 s. 9A: Implies a covenant that a dwelling in England is fit for human habitation at start and remains fit. Landlord must give 24 hours notice to enter.
Official text
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LTA 1985 s. 9A — United Kingdom
In a lease to which this section applies of a dwelling in England (see section 9B), there is implied a covenant by the lessor that the dwelling— is fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and will remain fit for human habitation during the term of the lease. The implied covenant is not to be taken as requiring the lessor— to carry out works or repairs for which the lessee is liable by virtue of— the duty of the lessee to use the premises in a tenant-like manner, or an express covenant of the lessee of substantially the same effect as that duty; to rebuild or reinstate the dwelling in the case of destruction or damage by fire, storm, flood or other inevitable accident; to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling; to carry out works or repairs which, if carried out, would put the lessor in breach of any obligation imposed by any enactment (whenever passed or made); to carry out works or repairs requiring the consent of a superior landlord or other third party in circumstances where consent has not been obtained following reasonable endeavours to obtain it. The implied covenant is also not to be taken as imposing on the lessor any liability in respect of the dwelling being unfit for human habitation if the unfitness is wholly or mainly attributable to— the lessee’s own breach of covenant, or disrepair which the lessor is not obliged to make good because of an exclusion or modification under section 12 (power of county court to authorise exclusions or modifications in leases in respect of repairing obligations under section 11). Any provision of a lease or of any agreement relating to a lease (whether made before or after the grant or creation of the lease) is void to the extent that it purports— to exclude or limit the obligations of the lessor under the implied covenant, or to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of the lessee enforcing or relying upon those obligations. Where in any proceedings before a court it is alleged that a lessor is in breach of an obligation under the implied covenant, the court may order specific performance of the obligation (regardless of any equitable rule restricting the scope of that remedy). Where a lease to which this section applies of a dwelling in England forms part only of a building, the implied covenant has effect as if the reference to the dwelling in subsection (1) included a reference to any common parts of the building in which the lessor has an estate or interest. In a lease to which this section applies of a dwelling in England, there is also implied a covenant by the lessee that the lessor, or a person authorised in writing by the lessor, may enter the dwelling for the purpose of viewing its condition and state of repair. The covenant implied by subsection (7) requires entry to the dwelling to be permitted— only at reasonable times of the day, and only if at least 24 hours’ notice in writing has been given to the occupier of the dwelling. In this section— “common parts” has the meaning given by section 60(1) of the Landlord and Tenant Act 1987; “lease” does not include a mortgage term; “lessee” means the person for the time being entitled to the term of a lease; “lessor” means the person for the time being entitled to the reversion expectant on a lease.
Section 9A, inserted by the Homes (Fitness for Human Habitation) Act 2018, implies into a lease of a dwelling in England a covenant by the landlord that the dwelling is fit for human habitation when the lease is granted, or at the start of the term if later, and "will remain fit for human habitation during the term". That wording is what separates it from section 11. Section 11 requires disrepair - something must have deteriorated from a previous condition before the duty bites. Fitness does not: a flat that has always had insufficient ventilation, or a persistent condensation damp problem caused by how the building was designed, can be unfit without anything being out of repair.
Subsections (2) and (3) mark out what the landlord is not required to do: works the tenant is liable for through the duty to use the premises in a tenant-like manner, rebuilding after fire, storm, flood or other inevitable accident, keeping anything the tenant is entitled to remove, works that would breach another enactment, and works needing a superior landlord's or third party's consent where consent has not been obtained after reasonable endeavours. And no liability arises where the unfitness is wholly or mainly attributable to the tenant's own breach of covenant.
Subsection (4) makes void any lease term purporting to exclude or limit the covenant or to penalise a tenant for relying on it. Subsection (5) gives the court power to order specific performance. Subsection (6) extends the covenant to common parts of the building in which the landlord has an estate or interest - so a shared stairwell is inside it. Subsection (7) implies the matching covenant by the tenant to let the landlord in to view the condition, but only at reasonable times of day and on at least 24 hours' notice in writing. What "fit" means is not in this section: it is in section 10, which for England folds in the hazards prescribed under the Housing Act 2004.
When it applies
Severe condensation damp and mould in a flat that has never had adequate ventilation or heating.
Excess cold in a home the landlord says is not in disrepair because nothing is broken.
A dangerous internal layout, unsafe electrics or a fire risk in the shared stairwell of a converted house.
A tenant asking a court to order the landlord to do the work rather than to pay damages.
A tenancy agreement containing a clause saying the tenant accepts the property as seen.
What this section does not say
×It is not a general obligation to improve or modernise. It requires the dwelling to be fit, judged by the matters in section 10, not to be brought up to current building standards.
×It does not cover Wales. Section 9A applies to dwellings in England; Wales is dealt with by section 8 and by Part 4 of the Renting Homes (Wales) Act 2016.
×It does not make the landlord liable for unfitness the tenant caused. Subsection (3) removes liability where the unfitness is wholly or mainly attributable to the tenant's own breach.
×It does not require the landlord to rebuild after a fire or flood. Subsection (2)(b) says so expressly.
×It does not entitle the landlord to turn up unannounced. The tenant's covenant to allow entry in subsection (7) is subject to reasonable times and 24 hours' written notice.
×It does not apply to every lease. Which leases are covered is set out separately in section 9B.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
Black mould keeps returning in two rooms of a rented flat. Nothing is broken: the windows shut, the boiler works, the roof is sound. The landlord says the mould is condensation caused by how the family lives and refuses to do anything.
How the wording applies
This is the gap section 9A was enacted to fill. Section 11 needs disrepair - something must have deteriorated - whereas the section 9A covenant is that the dwelling is and remains fit for human habitation, judged by the matters in section 10 including the prescribed hazards. So the fact the argument turns on is not whether anything is broken but whether the flat has adequate ventilation and heating for the way it was designed to be occupied, which is an assessment question rather than a repair question.
How the parties settled it
The landlord installs humidity-sensing extractor fans in the bathroom and kitchen and treats the affected walls; the tenants agree to run the fans, ventilate after showering, and give access on two agreed dates.
Illustrative example
A converted house has a shared stairwell with no smoke detection and a first-floor flat that is cold enough in winter that the family use one room. The landlord points out that everything in the flat is in working order and that the tenancy says the property is taken as seen.
How the wording applies
Fitness is judged against the section 10 matters, which for England include the prescribed hazards - excess cold and fire among them - so a home in perfect repair can still be unfit. Subsection (4) makes void any covenant purporting to exclude or limit the landlord's obligations, which disposes of the 'as seen' clause. The fact that decides the outcome is whether the cold and the fire risk are serious enough that the dwelling is not reasonably suitable for occupation, not whether anything has broken.
How the parties settled it
The landlord agrees to fit interlinked alarms in the common stairway within a month and to insulate the flat roof over the cold room before winter; the tenants agree a fixed rent for a further year once the works are signed off.
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.
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This page reproduces the text of LTA 1985 s. 9A 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.