LTA 1985Landlord and Tenant Act 1985
70 provisions
- LTA 1985 s. 1 21 days to get landlord name and address A written request for landlord name and address must be supplied within 21 days by the rent collector or agent. Failure is an offence with fine up to level 4.
- LTA 1985 s. 2 Requesting directors of company landlord Tenants of corporate landlords can request names and addresses of directors and the secretary. Landlords must respond within 21 days or face a level 4 fine.
- LTA 1985 s. 3 Duty to inform tenant of assignment New landlord must notify tenant in writing by next rent day or within 2 months. Failure is a summary offence. Old landlord liable until notice given.
- LTA 1985 s. 3A Notice of right to buy landlord interest New landlords must notify qualifying tenants in writing of their right to acquire the interest under Part I of LTA 1987. Failure carries a level 4 fine.
- LTA 1985 s. 4 Provision of rent books for weekly tenancies Landlord must provide a rent book for weekly tenancies (LTA 1985 s.4) unless rent includes board of substantial value; excludes Wales occupation contracts.
- LTA 1985 s. 5 What rent books must contain A rent book provided under section 4 must contain the landlord's name and address, along with prescribed terms and notices in statutory form.
- LTA 1985 s. 6 Information to be supplied by companies A company landlord must, upon written request from a weekly-rent tenant, provide names and addresses of its directors and secretary.
- LTA 1985 s. 7 Offences for failure to provide rent book Summary offence for landlord/agent failing to provide rent book or info; fine up to level 4. Further offence if default continues >14 days after conviction.
- LTA 1985 s. 8 £52/yr rent limit for fitness: LTA 1985 s. 8 (Wales) Section 8 LTA 1985 implies a fitness condition for lettings in Wales, but only if the annual rent does not exceed £52 (for contracts from 6th July 1957).
- LTA 1985 s. 9 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.
- LTA 1985 s. 9A Fitness for human habitation 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.
- LTA 1985 s. 9B Leases subject to fitness standards LTA 1985 s. 9B applies section 9A fitness duties to residential leases under 7 years, including periodic tenancies after a 12 month period.
- LTA 1985 s. 9C 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.
- LTA 1985 s. 10 Unfit if not suitable for occupation Under LTA 1985 s. 10, a dwelling is unfit if defects in damp, repair, or Housing Act 2004 hazards make it not reasonably suitable for occupation.
- LTA 1985 s. 10A Remedying hazards in social housing LTA 1985 s. 10A implies a covenant into English social housing leases (where s. 9A applies) requiring landlords to remedy prescribed hazards within set times.
- LTA 1985 s. 10B Regulations on hazards in social housing LTA 1985 s. 10B allows regulations under s. 10A to apply to pre-commencement leases, prescribe hazards, specify periods, and include transitional provisions.
- LTA 1985 s. 11 Repair structure, exterior, installations – LTA 1985 s.11 Under LTA 1985 s.11, landlord must keep in repair structure, exterior, and water, gas, electricity, sanitation, space heating, and water heating installations.
- LTA 1985 s. 12 Landlord repair limits are void under Under LTA 1985 s. 12, lease terms excluding or limiting landlord repairing obligations under section 11 are void unless authorised by the county court.
- LTA 1985 s. 13 Scope of repairing obligations LTA 1985 s. 13 sets rules for applying section 11 repairing duties to leases of a dwelling-house granted for a term of less than seven years.
- LTA 1985 s. 14 Exceptions to s.11 repair duties Landlord and Tenant Act 1985 s. 14 excludes agricultural tenancies, certain social housing bodies, Crown leases, and renewals of non-s.11 leases from s. 11.
- LTA 1985 s. 15 County court can declare if s.11 applies County court can declare whether section 11 (repairing obligations) applies to a lease, regardless of net annual value, even if only a declaration is sought.
- LTA 1985 s. 16 Definition of 'lease' and 'dwelling-house' (LTA 1985 s.16) Defines 'lease' (excluding mortgage terms), 'lease of a dwelling-house', 'dwelling-house', 'lessee', and 'lessor' for LTA 1985 ss. 11-15.
- LTA 1985 s. 17 Court may order specific performance Section 17 allows a court to order specific performance of a landlord's repairing covenant, including for parts of the premises not let to the tenant.
- LTA 1985 s. 18 What counts as a service charge Defines a service charge as an amount payable by a dwelling tenant for services, repairs, maintenance, insurance, or management that varies with relevant costs.
- LTA 1985 s. 19 Service charges capped at reasonable costs Under Section 19 of the Landlord and Tenant Act 1985, service charges are limited to costs reasonably incurred for services or works of a reasonable standard.
- LTA 1985 s. 20 Caps contributions without consultation Under LTA 1985 s. 20, tenant contributions for qualifying works or long-term agreements are limited unless consultation is met or dispensed by tribunal.
- LTA 1985 s. 20A Grant deductions from service charges Landlords receiving government housing or repair grants must deduct those grant amounts from total work costs before calculating tenant service charges.
- LTA 1985 s. 20B 18-Month Rule for Service Charge Demands Tenants are not liable for service charge costs incurred more than 18 months before a demand, unless notified in writing within 18 months (LTA 1985 s. 20B).
- LTA 1985 s. 20C Stop landlord legal costs as service charge LTA 1985 s.20C LTA 1985 s.20C: tenant can apply to stop landlord's legal costs being added to service charge. Court/tribunal decides if just and equitable.
- LTA 1985 s. 20D Service charge limit for remediation works Landlord must seek grants, insurance, or third-party funding for remediation works; if not, tenant can apply to tribunal to reduce service charge.
- LTA 1985 s. 20E Regulation powers under section 20D LTA 1985 s. 20E sets rules for regulations under section 20D, requiring statutory instruments subject to parliamentary annulment.
- LTA 1985 s. 20F Excluded costs for higher-risk buildings Excludes certain costs under Part 4 of the Building Safety Act 2022 from being counted as relevant costs for service charges in leases subject to section 30D.
- LTA 1985 s. 20J Enfranchisement costs in service charges Landlords cannot pass non-litigation enfranchisement or Right to Manage costs to non-participating tenants via variable service charges under LTA 1985 s. 20J.
- LTA 1985 s. 20K Return of prohibited service charges Non-participating tenant can apply to tribunal for return of variable service charge for non-litigation costs of a relevant claim if paid despite s.20J(1).
- LTA 1985 s. 21 Service charge information regulations Authorises regulations requiring landlords to provide service charge information and a qualified report to tenants. Covers England and Wales.
- LTA 1985 s. 21A Withholding service charges Tenants may withhold service charges if landlords fail to supply required information under section 21. Lease penalties for non-payment do not apply.
- LTA 1985 s. 21B Demand must include rights summary Demand for service charge must be accompanied by a summary of tenant's rights and obligations. Tenant may withhold payment if not. LTA 1985 s. 21B.
- LTA 1985 s. 22 Inspecting service charge accounts Once a service charge summary is obtained, tenants have six months to ask to inspect underlying documents. Landlords must provide free access within one month.
- LTA 1985 s. 23 Obtaining superior landlord info Under LTA 1985 s. 23, immediate landlords must pass section 21 requests up to superior landlords, who must reply within a reasonable time.
- LTA 1985 s. 23A Effect of change of landlord When a landlord sells their interest while an information duty under sections 21 to 23 is outstanding, responsibility stays or transfers based on ability.
- LTA 1985 s. 24 Effect of assignment on requests - LTA 1985 s.24 Assignment of tenancy does not void prior requests under s.21-23, but no duty to provide same summary or access more than once for same dwelling and period.
- LTA 1985 s. 25 Failure to comply with s.21-23 an offence LTA 1985 s.25 Failing s.21, 22, or 23 duties is a summary offence with fine up to level 4. Exceptions: Welsh local authorities and registered social landlords.
- LTA 1985 s. 26 Public authority service charge rules LTA 1985 s. 26 exempts public authority tenancies from sections 18 to 25. For long tenancies, sections 18 to 24 apply, but section 25 criminal offences do not.
- LTA 1985 s. 27 Exception for rent registered dwellings: LTA 1985 s.27 Service charges for rent-registered dwellings are exempt from sections 18-25 unless the registered rent is entered as variable (Rent Act 1977 s.71(4)).
- LTA 1985 s. 27A Challenge paid service charges Under s. 27A, a tribunal determines if a service charge is payable, by whom, and the amount. Payment does not mean agreement, and contrary terms are void.
- LTA 1985 s. 28 Qualified accountant definition Defines who counts as a qualified accountant to certify service charge summaries under LTA 1985 s. 28, and who is disqualified due to conflicts of interest.
- LTA 1985 s. 29 Recognised tenants' association Recognition by landlord's notice or by certificate from First-tier Tribunal (England) or rent assessment committee panel member (Wales).
- LTA 1985 s. 29A Secretary of State's power to require info LTA 1985 s. 29A: Secretary of State may make regulations requiring landlords to provide info about qualifying tenants to tenants' associations.
- LTA 1985 s. 30 Meaning of landlord, tenant, services LTA 1985 s. 30 defines landlord, tenant, and services for service charge rules, extending protection to sub-tenants and covering building safety measures.
- LTA 1985 s. 30A Rights of tenants regarding insurance LTA 1985 s. 30A gives tenants rights regarding insurance of their dwellings as set out in the Schedule. These rights include consultation and information.
- LTA 1985 s. 30B RTA Consultation on Managing Agents Recognised tenants' associations can demand consultation on managing agents. Landlords must allow at least one month for feedback and update every five years.
- LTA 1985 s. 30C Implied building safety lease terms LTA 1985 s. 30C implies terms into residential leases in higher-risk buildings, requiring landlord duty compliance and 48 hours' written notice for access.
- LTA 1985 s. 30D Liability for building safety costs Requires that building safety measures for higher-risk buildings be included in service charges, with costs apportioned like insurance costs.
- LTA 1985 s. 30E RMC building safety director fees Leases in high-risk buildings allow resident management or RTM companies to pay building safety directors through service charges, split like insurance.
- LTA 1985 s. 30F Restrictions on contracting out Voids covenants excluding obligations under s.30C (implied building safety terms) or modifying s.30D(3) or s.30E(2) (liability for building safety costs).
- LTA 1985 s. 30G County court jurisdiction building safety LTA 1985 s.30G County court has jurisdiction over claims under sections 30C-30E LTA 1985 (building safety implied terms) regardless of claim amount.
- LTA 1985 s. 30H Court may order specific performance Court may order specific performance of implied building safety terms (s30C(2)/(3)) despite equity rules, and for certain breaches regardless of location.
- LTA 1985 s. 30I Building safety terms interpreted Section 30I defines key building safety terms for sections 30C to 30H by referencing section 115 and Schedule 7 of the Building Safety Act 2022.
- LTA 1985 s. 31 Reserve power to limit rents Secretary of State may order restrictions on rent increases and new lettings. Order made by statutory instrument subject to annulment. Definitions included.
- LTA 1985 s. 31B LVT applications and fees Section 31B LTA 1985 prescribes that applications to a leasehold valuation tribunal must be in the form and with the fee the Secretary of State sets.
- LTA 1985 s. 31C LTA 1985 s. 31C (repealed) county court transfer Section 31C of the Landlord and Tenant Act 1985, about transfer of cases from county court, has been repealed. No current text exists.
- LTA 1985 s. 32 Business tenancies: excluded provisions LTA 1985 s. 32: provisions not applying to business tenancies (Part II 1954 Act) - includes ss. 1-3A, 11, 17, 30C-30E, 31.
- LTA 1985 s. 33 Officers' liability for company offences A company officer may be personally liable for an offence under LTA 1985 if they consented, connived, or were negligent.
- LTA 1985 s. 34 Local housing authority can prosecute under LTA 1985 s. 34 allows a local housing authority to bring proceedings for any offence under the Landlord and Tenant Act 1985.
- LTA 1985 s. 35 Application to Isles of Scilly 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.
- LTA 1985 s. 36 Meaning of lease and tenancy Under LTA 1985 s. 36, lease and tenancy share the same meaning, encompassing sub-leases, sub-tenancies, and agreements for leases or tenancies.
- LTA 1985 s. 37 Definition of statutory tenant Section 37 of LTA 1985 defines statutory tenancy, statutory tenant, and landlord by referencing the Rent Act 1977 and Rent (Agriculture) Act 1976.
- LTA 1985 s. 38 Key definitions Defines terms like address, appropriate tribunal, dwelling, local authority under LTA 1985 s.38. Essential for leasehold and housing law.
- LTA 1985 s. 39 Index of defined expressions Reference table of defined expressions in LTA 1985, listing each term and the section where it is defined, such as landlord, tenant, lease, service charge, etc.
- LTA 1985 s. 40 Short title, commencement, extent of LTA 1985 s.40 LTA 1985 s. 40 states that the Act is called the Landlord and Tenant Act 1985, takes effect on 1 April 1986, and extends only to England and Wales.