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Legislation
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Legislation
Legislation | Summary |
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Construction (Design & Management) Regulations 2007 | Legislation designed to integrate health and safety into design, construction and management of building projects. May apply to remedial works required under the terms of a lease or works undertaken by Landlord at termination of lease. Appointment of planning supervisor may be a legitimate cost incurred by the Landlord. |
Control of Asbestos Regulations 2012 (PDF) | Imposes duty on those responsible for repair and maintenance of commercial properties to prevent exposure to asbestos. Frequent impact on Dilapidations Claims. |
Criminal Law Act 1977 (PDF) | Legislation outlawing the threat or use of violence during the repossession of a property. |
Defective Premises Act 1972 (PDF) | Section 4:- Imposes duty on Landlord with responsibility for repair to ensure safety of all persons who may be affected by defects. |
Disability Discrimination Act 2005 (PDF) | Obligation on occupiers to provide reasonable access for those with disability. Frequent impact on Dilapidations Claims. |
Health & Safety at Work Act 1974 | Health, Safety and Welfare in connection with work. Frequent impact on Dilapidations Claims. |
Housing Act 1961 | Section 32:- Repairing obligations in short leases of dwelling houses. |
Landlord & Tenant Act 1927 | Section 18:- Limitation on Landlords claim to the diminution in the reversionary value. Section 19:- Landlords permission to alter building should not be unreasonably witheld where the lease limits alteration without licence or consent. |
Landlord & Tenant Act 1954 | Part II:- Security of tenure in relation to business tenants. Section 25:- Notice required by Landlord to terminate a tenancy. |
Landlord & Tenant (Covenants) Act 1995 | Modifies Law in relation to lease liabilities. Main effects on leases after January 1996. |
Land Registration Act 2002 | Requirement to register leases at Land Registry. Leases granted prior to 13th October 2003 for a term of more than 21 years and leases after this date of more than 7 years require registration. |
Law of Property Act 1925 | Section 146:- Prescribed notice to be issued by Landlord prior to foreiting lease or seeking damages. |
Leasehold Property Repairs Act 1938 | Limits Landlords rights to fofeit lease or claim damages where the lease term is 7 years or greater and at least 3 years remain. |
Limitation Act 1980 | Time limits claims for breach of repairing obligations. Limitation of 12 years for Leases signed under seal (except 6 years for non-payment of rent). Limitation for all other leases 6 years. |
Occupiers Liability Act 1957 | Imposition of duty of care for safety of visitors. Onus can fall on Tenant or Landlord depending on who is responsible for repair and maintenance. |
Occupiers Liability Act 1984 | Extension of 1957 Act detailed above. |
Protectiion from Eviction Act 1977 | Limits rights to forfeit leases of dwellings other than by formal proceedings. |
Rent Act 1977 | Sets out obligation on tenants to allow access to Landlord to carry out repairs. |