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Can someone please explain section 8.3 in the landlord and tenancy act 1985?

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  • Can someone please explain section 8.3 in the landlord and tenancy act 1985?

    8 Implied terms as to fitness for human habitation
    (1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
    (a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
    (b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
    (2)The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.
    (3)This section applies to a contract if—
    (a)the rent does not exceed the figure applicable in accordance with the subsection (4), and
    (b)the letting is not on such terms as to the tenant’s responsibility as are mentioned in subsection (5).

    (4)The rent limit for the application of this section is shown by the following Table, by reference to the date of making of the contract and the situation of the premises:
    TABLE
    Date of making of contract Rent limit
    Before 31st July 1923. In London: £40.
    Elsewhere: £26 or £16 (see Note 1).
    On or after 31st July 1923 and before 6th July 1957. In London: £40.
    Elsewhere: £26.
    On or after 6th July 1957. In London: £80.
    Elsewhere: £52.
    NOTES

  • #2
    Re: Can someone please explain section 8.3 in the landlord and tenancy act 1985?

    It is designed to exclude landlords of "long leases at a low rent" (ie: where the leaseholder owns a long leasehold property at a nominal rent, having paid a capital sum to buy it) from the repairing, etc, obligations imposed on landlords under "full rent" tenancies, where a full market rent is being paid forv the property. If you build a block of flats and sell them off on 99-year leases at (say) £350,000 each, you don't want to be called back to fix the boiler. However, if you are letting out a house at £1,000 per month, you are obliged to maintain the water and space heating systems, sanitary fittings, etc
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Re: Can someone please explain section 8.3 in the landlord and tenancy act 1985?

      Thanks very much JustinN.

      to clarify then, (sorry)

      If I have issues with the lack of repair and willingness to repair anything to a reasonable standard and I am on a short hold 1 year lease this can not be thrown at me as an objection?

      Elsbeth

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