Resumen
The Landlord and Tenant Act 1985 is the principal statute implying repairing obligations into short residential tenancies and regulating service charges in long leasehold residential properties. Its most important provision, s.11, implies into every lease of a dwelling-house granted for less than 7 years a covenant by the landlord to keep in repair the structure and exterior of the dwelling-house (including drains, gutters, and external pipes) and to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas, electricity, and for sanitation and space heating and water heating. The landlord's liability under s.11 is triggered only after they have been notified of the disrepair and a reasonable time has elapsed for them to carry out the work. The Act's service charge provisions (ss.18-30) provide that service charges in long residential leases must be reasonable and for costs reasonably incurred; they give tenants rights to inspect accounts, request summaries, and challenge unreasonable charges before the First-tier Tribunal (Property Chamber). Major works costing more than £250 per leaseholder require consultation under s.20.
Puntos clave
- Implied repairing covenant — landlord must keep in repair the structure, exterior, and essential service installations in leases of less than 7 years (s.11(1))
- Scope of s.11 — covers structure and exterior, drains, gutters, external pipes, and installations for water, gas, electricity, sanitation, space heating, and water heating (s.11(1)(a)–(b))
- Tenant's obligation — tenant must use the dwelling in a tenant-like manner and must inform the landlord of defects requiring repair
- Landlord's liability is triggered by notice — no liability arises until the landlord knows or is notified of the disrepair and a reasonable time has elapsed (O'Brien v Robinson [1973])
- Service charges must be reasonably incurred and for works or services of a reasonable standard (s.19(1)); excessive charges may be challenged before the First-tier Tribunal (Property Chamber)
- Major works consultation — before carrying out qualifying works costing more than £250 per leaseholder, the landlord must follow a two-stage consultation procedure (s.20, as amended by CLRA 2002 and SI 2003/1987)
- Landlord's name and address — landlord must provide name and address to tenant on request or on payment of rent (ss.1-3); failure may give tenant a withholding right
- Right to request summary of service charge costs (s.21) and to inspect supporting accounts and receipts (s.22)
Partes y secciones
Historial de enmiendas
2002 — Commonhold and Leasehold Reform Act 2002
Significantly amended the service charge and consultation provisions (ss.19-30), introducing the right to manage and improving leaseholders' ability to challenge unreasonable service charges before the Leasehold Valuation Tribunal (now First-tier Tribunal).
2024 — Leasehold and Freehold Reform Act 2024
Strengthened leaseholders' rights to information and challenge in respect of service charges, and made consequential amendments to the LTA 1985 regime, including changes to the s.20 consultation threshold and expanding the definition of qualifying works.