Q&As

Does section 3 of the Landlord and Tenant Act 1985 apply to assured shorthold tenancies?

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Published on LexisPSL on 04/10/2018

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

  • Does section 3 of the Landlord and Tenant Act 1985 apply to assured shorthold tenancies?
  • Does section 48 of the Landlord and Tenant Act 1987 apply to ASTs?

The Landlord and Tenant Act 1985 (LTA 1985) was originally a consolidating statute bringing together a number of provisions relating to houses and flats. It has been modified and added to subsequently.

Accordingly, some sections only apply to certain specified types of tenancies. For example, the implied repairing obligation under LTA 1985, s 11 only applies to the leases specified under LTA 1985, ss 13 and 14 (ie subject to some exceptions and provisions), LTA 1985, s 11 applies to a lease of a dwelling house granted on or after 24 October 1961 for a term of less than seven years, and accordingly will apply to an assured shorthold tenancy (AST). See Practice Note: Assured and assured shorthold tenancies—granting, under the heading ‘Assured and assured shorthold tenancies—granting — Other terms of AT/AST’ and Commentary: Access to repair: Claims to the Possession of Land [C3.21].

Therefore, in considering whether or not a provision under LTA 1985 applies to an AST, the ambit of the specific section needs to be considered. LTA 1985, s 3 provides that:

‘If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under

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