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James Clappison
Type
House
Session
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Member
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Answering member
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Clappison, James (2)
Legislative stage
Legislation
Subject
Publisher
Statement on what action he proposes to take in the light of the Law Commission's Report, Landlord and Tenant: Responsibility for State and Condition of Property Law Com. No. 238.
Statement on what action he proposes to take in the light of the Law Commission's Report, Landlord and Tenant: Responsibility for State and Condition of Property Law Com. No. 238.
Asked by
Tim Devlin
(Conservative)
Answered by
James Clappison
(Conservative)
Answering body
Department of the Environment
Type
Written questions
Status
Answered
For answer on
27 February 1997
Answered on
27 February 1997
Mr. Devlin: To ask the Secretary of State for the Environment what action he proposes to take in the light of the Law Commission's
report, "Landlord and Tenant: Responsibility for State and Condition of Property Law", Com. No. 238. [18377]
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.
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.
Subjects
Buildings; Housing; Liability; Leasehold; Law; Landlord and tenant; Standards; Reform; Repairs and maintenance; Rented housing
Date
27 February 1997
Reference
18377; 291 c299-300W
House
House of Commons
What assessment he has made of the impact of his Department's policy initiatives since 1979 on housing associations. - Inc figures.
What assessment he has made of the impact of his Department's policy initiatives since 1979 on housing associations. - Inc figures.
Asked by
Tim Devlin
(Conservative)
Answered by
James Clappison
(Conservative)
Answering body
Department of the Environment
Type
Written questions
Status
Answered
For answer on
24 October 1995
Answered on
24 October 1995
Subjects
Central government; Housing; Housing associations; Grants; Policy
Date
24 October 1995
Reference
37677; 264 c513W;264 c511W
House
House of Commons