Section 13 — Landlord and Tenant Act 1985: Leases to which s. 11 applies: general rule.
Text of the provision Official document
Leases to which s. 11 applies: general rule. 13 1 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. 1AZA But that is subject to subsections (1ZA) to (1ZC). 1ZA In the case of a dwelling-house in Wales, section 11 does not apply if the dwelling-house is subject to an occupation contract (for provisions about repairing obligations in the case of occupation contracts, see Part 4 of the Renting Homes (Wales) Act 2016 (anaw 1) ). 1ZB In this section, “ occupation contract ” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act). 1ZC Section 11 does not apply to a lease of a dwelling-house in England which—
a was an assured tenancy immediately before the commencement date (which has the meaning given by section 146(3) of the Renters’ Rights Act 2025),
and b was granted—
i for a term of seven years or more, and ii by a person other than a private registered provider of social housing. 1A Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is—
a a secure tenancy for a fixed term of seven years or more granted by a person within section 80(1) of the Housing Act 1985 (secure tenancies: the landlord condition), ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1AA Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is a tenancy for a fixed term of more than seven years that—
a would be an assured tenancy if it were not for a term of more than seven years, b is not a shared ownership lease, and c is granted by a private registered provider of social housing. 1B In this section — “ assured tenancy ” has the same meaning as in Part 1 of the Housing Act 1988; “ secure tenancy ” has the meaning given by section 79 of the Housing Act 1985; and “ shared ownership lease ” means a lease— granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.
2 In determining whether a lease is one to which section 11 applies—
a any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant, b a lease which is determinable at the option of the lessor before the expiration of seven years from the commencement of the term shall be treated as a lease for a term of less than seven years, and c a lease (other than a lease to which paragraph (b) applies) shall not be treated as a lease for a term of less than seven years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to seven years or more.
3 This section has effect subject to— section 14 (leases to which section 11 applies: exceptions), and section 32(2) (provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954).
Official source: legislation.gov.uk
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