Overview

This bill amends the Landlord and Tenant Act 1985 to ensure that all rented residential properties in England are fit for human habitation. It introduces an implied covenant in leases, meaning landlords are legally obligated to maintain properties to a habitable standard, with exceptions for tenant-caused damage or events outside their control.

Description

The bill primarily adds a new section (9A) to the Landlord and Tenant Act 1985. This section implies a covenant in most residential leases in England stating that the property must be fit for human habitation at the start of the tenancy and remain so throughout. This includes common areas where the landlord has an interest. The bill specifies exceptions, such as damage caused by the tenant, or by unavoidable events like fires or floods. Landlords also won’t be liable for repairs the tenant is responsible for or where consent from a third party is needed. The bill also grants landlords access to the property at reasonable times with 24-hour notice to assess the condition and repair. Any clauses in a lease attempting to exclude or limit these responsibilities are void. The bill further clarifies and extends the definition of "fit for human habitation" to include prescribed hazards defined in regulations set by the Secretary of State.

Specific Changes:

• Implied covenant of fitness for habitation for most residential leases in England.
• Landlord's right to access for inspection with sufficient notice.
• Invalidation of lease clauses attempting to avoid the implied covenant.
• Specific exceptions to the landlord's responsibilities.

Government Spending

The bill doesn't directly specify government spending. The primary cost will likely involve enforcement through the courts and increased potential legal action against landlords. The exact financial impact on the government is not explicitly stated in the provided text.

Groups Affected

• Landlords: Will face increased legal responsibilities to maintain the fitness of their rental properties. They will need to ensure properties meet the standards required by the new legislation and could face legal action for failing to do so.
• Tenants: Will benefit from stronger legal protections and improved living conditions. They will have stronger grounds for legal action if the property is not fit for human habitation.
• Courts: Likely to see an increase in cases related to disputes over property fitness.

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