Q&As

In a tenancy originally protected by the Rent Act 1977, which then became a statutory tenancy on expiry of the contractual term, what are the tenant’s repairing obligations?

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Produced in partnership with David Nicholls of Landmark Chambers
Published on LexisPSL on 13/03/2017

The following Property Q&A produced in partnership with David Nicholls of Landmark Chambers provides comprehensive and up to date legal information covering:

  • In a tenancy originally protected by the Rent Act 1977, which then became a statutory tenancy on expiry of the contractual term, what are the tenant’s repairing obligations?
  • Case study

In a tenancy originally protected by the Rent Act 1977, which then became a statutory tenancy on expiry of the contractual term, what are the tenant’s repairing obligations?

Case study

The original lease provided that the tenant 'keep in good tenantable repair all doors, windows, etc'. The tenancy was originally for eight years and while section 11 of the Landlord and Tenant Act 1985 (LTA 1985) should not apply, the latest rent register states: ‘Liability for repairs—as agreed between the parties, subject to LTA 1985, s 11’.

In general terms, liability for repair of let premises depends on what is agreed, as set out in the tenancy agreement (or any subsequent variation). In addition, it is necessary to take any statutory provisions into account that may be relevant. In this scenario, a statutory tenancy has arisen under the Rent Act 1977 following the expiry of the contractual term. In these circumstances, the statutory tenant continues to be bound by the terms and conditions of the original contract of tenancy. In the above

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