Landlord and Tenant Act 1985
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| Long title | An Act to consolidate certain provisions of the law of landlord and tenant formerly found in the Housing Acts, together with the Landlord and Tenant Act 1962, with amendments to give effect to recommendations of the Law Commission. |
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| Citation | 1985 (c 70) |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 1985 |
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Status: Amended
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| Text of the Landlord and Tenant Act 1985 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Landlord and Tenant Act 1985 (c 70) is a UK Act of Parliament on English land law. It sets bare minimum standards in tenants' rights against their landlords.
Under Margaret Thatcher's government, a policy of deregulating housing markets, to improve quality and increase supply, took place. The hallmark was abolition of rent regulation, primarily so that landlords could increase rents to whatever was possible in the market, based on the theory that supply and demand would self-regulate appropriate prices. Security of tenure, where tenants would have to be given good reasons before eviction, was decreased, so that the bare rights under the Protection from Eviction Act 1977 remained unless people had contracted for better rights.
The Act was not fundamentally altered by either the Major, Blair, Brown or Cameron governments in reference to fair rents, rights to fair reasons for ending a tenancy, or prohibiting estate agent fees. However, amendments were inserted by the Landlord and Tenant Act 1987, Housing Act 1996, the Commonhold and Leasehold Reform Act 2002, and the Localism Act 2011 made amendments.
Sections 1 to 3A require that landlords give basic information to tenants regarding their identity, including directors if the landlord is a company. Under section 3A, landlords must disclose whether there is a right (statutory or otherwise) of the tenant to acquire the landlord's interest.
Sections 4 to 7 require information to be contained in rent books. Section 5 requires this include the name and address of the landlord, the rent, terms and conditions of the contract, or matters prescribed by the Secretary of State in regulations.
Sections 8 to 10 state it is an implied contract term that the property will be fit for human habitation, which under section 10 includes the state of "repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water".
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