Q&As

Does section 11 of the Landlord and Tenant Act 1985 apply to mixed use premises?

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Published on LexisPSL on 13/04/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Does section 11 of the Landlord and Tenant Act 1985 apply to mixed use premises?

Section 11 of the Landlord and Tenant Act 1985 (LTA 1985) implies a compulsory contractual term into all tenancies (even where there is an express repairing covenant) of less than seven years. This implied obligation cannot be contracted out of.

The other relevant provisions of LTA 1985 are:

  1. section 13(1) which provides that: ‘Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.’

  2. section 38 which provides that: ‘“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.’

  3. section 16(b) which provides that: ‘“lease of a dwelling-house” means a lease by which a building or part of a building is let wholly or mainly as a private residence, and “dwelling

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