Section 14 — Landlord and Tenant Act 1985: Leases to which s. 11 applies: exceptions.

Leases to which s. 11 applies: exceptions. 14 1 Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the previous lease was not a lease to which section 11 applied (and, in the case of a lease granted before 24th October 1961, would not have been if it had been granted on or after that date).

2 In subsection (1)— “ existing tenant ” means a person who is when, or immediately before, the new lease is granted, the lessee under another lease of the dwelling-house; “ former tenant is still in possession ” means a person who—

a was the lessee under another lease of the dwelling-house which terminated at some time before the new lease was granted, and b between the termination of that other lease and the grant of the new lease was continuously in possession of the dwelling-house or of the rents and profits of the dwelling-house; and “ the previous lease ” means the other lease referred to in the above definitions.

3 Section 11 does not apply to a lease of a dwelling-house which is a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 .

4 Section 11 does not apply to a lease granted on or after 3rd October 1980 to—

a local authority, a National Park Authority a new town corporation, an urban development corporation, a Mayoral development corporation, the Development Board for Rural Wales, a non-profit registered provider of social housing a registered social landlord , a co-operative housing association, or an educational institution or other body specified, or of a class specified, by regulations under section 8 of the Rent Act 1977 or paragraph 8 of Schedule 1 to the Housing Act 1988 (bodies making student lettings) a housing action trust established under Part III of the Housing Act 1988 .

5 Section 11 does not apply to a lease granted on or after 3rd October 1980 to—

a Her Majesty in right of the Crown (unless the lease is under the management of the Crown Estate Commissioners), or b a government department or a person holding in trust for Her Majesty for the purposes of a government department.