Landlord and Tenant Report (Hansard, 27 February 1997)

§ Mr. Clappison

I am grateful to the Law Commission for its very full and helpful analysis of this area of the law in England and Wales.

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Of the commission's four main recommendations for change, we agree that the law should be amended so that, in respect of new leases, etcetera created after the commencement of the new provisions: there should be implied into every lease, subject to the exceptions listed below, a covenant that the landlord shall keep the premises in repair, to a standard which is appropriate having regard to the age, character and prospective life of the premises and to their locality. This would not apply to a lease of a dwelling house for a term of less than seven years: to a lease of an agricultural holding; to a farm business tenancy; or to an oral lease. Nor would it apply in cases where there was an express repairing covenant in the lease, or the implied covenant was expressly excluded in the lease. Where the premises which are leased form part only of a building, and the landlord has an interest in other associated premises within the building, a similar repairing covenant would apply in respect of the associated premises. a court should have a power to decree specific performance of a repairing obligation in any lease or tenancy the law of waste should not longer apply in most cases, and the implied covenant that a tenant will use premises let to him in a tenantlike manner should be abolished. Instead, an implied statutory covenant or duty should be created by which any tenant or licensee would undertake to take proper care of the premises, including any common parts of the building; to make good any damage wilfully done to them by him or by others with a right to be on the premises; and not to carry out works to the property which would be detrimental to the landlord's or licensor's interest.

The commission also recommended that, with certain exceptions, there should be implied into a lease of a dwelling house for a term of less than seven years a covenant by the lessor that the dwelling is fit for human habitation at the start of the lease and that the lessor will keep it fit during the lease. We are not yet able to come to a view on this recommendation, since a review of the fitness standard is currently taking place.

Once that review is complete, we will resume consideration of the commission's recommendation on fitness of dwellings and, when we have reached a decision, seek a suitable legislative opportunity for the implementation of the agreed proposals.