Farm workers' dwellings: implied fitness LTA 1985 s.9C
Under LTA 1985 s.9C, a term is implied into an agricultural worker's contract that the dwelling provided is fit for human habitation, as if leased under s.9A.
This section applies where under a contract of employment of a worker employed in agriculture— the provision of a dwelling for the worker’s occupation forms part of the worker’s remuneration, and the provisions of section 9A (implied term as to fitness for human habitation of dwellings in England) are inapplicable by reason only of the dwelling not being let to the worker. There is implied as part of the contract of employment (in spite of any stipulation to the contrary) a term having the same effect as the covenant that would be implied by section 9A if the dwelling were let by a lease to which that section applies. The provisions of section 9A apply accordingly— with the substitution of “employer” and “employee” for “lessor” and “lessee”, and with such other modifications as may be necessary. This section does not affect— any obligation of a person other than the employer to repair a dwelling to which the covenant implied by section 9A applies by virtue of this section, or any remedy for enforcing such an obligation.
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 applies when an agricultural worker's employment contract provides a dwelling as part of their pay, but the worker does not have a lease (tenancy) for that dwelling. Normally, section 9A of the same Act implies a term that a rented dwelling is fit for human habitation, but that section only applies to leases. Section 9C fills the gap by implying a term with the same effect into the employment contract itself, treating the employer as if they were the landlord and the employee as if they were the tenant.
The implied term requires the dwelling to be fit for human habitation at the start of the occupation and throughout. Any term in the employment contract that tries to exclude this implied term is overridden. However, the section does not affect any separate repair obligations that someone other than the employer may have – for example, if a third party is responsible for repairs under another agreement.
When it applies
- A farmworker lives in a cottage provided by the farmer as part of wages; the cottage has severe damp and mould, and the worker wants to hold the farmer to the same standard as a landlord under s.9A.
- A seasonal agricultural worker is given a caravan on the farm as part of pay; the caravan has no working toilet or running water, and the worker seeks to enforce a fitness term.
- A farm manager receives a house rent‑free as part of the job; the house has no heating and the roof leaks, and the manager argues that the implied term under s.9C applies.
What this section does not say
- This section does not apply to agricultural workers who rent the dwelling separately under a proper lease – those workers are protected directly by section 9A.
- It does not cover dwellings provided by someone other than the employer, such as a housing association or a local authority.
- It does not impose any repair obligations on anyone other than the employer – if a third party owns the dwelling, the employer remains responsible under the implied term.
- It does not apply to workers in non‑agricultural sectors, even if their employer provides accommodation.
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This page reproduces the text of LTA 1985 s. 9C 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.