Landlord and Tenant Act 1985

The Landlord and Tenant Act 1985 introduced minimum standards that a landlord owes to their tenants.

 It is a lengthy piece of legislation that covers a wide range of topics and is regularly referred to in UK court cases. It sets out both the rights and obligations of landlords and tenants in the residential rental market. The Act has been amended over the years, and this article provides an up-to-date overview of the key provisions and their consequences.

Key Parts of the Landlord and Tenant Act 1985

1. The Definition of Tenancy

Section 1 of the Landlord and Tenant Act 1985 defines a tenancy as a contract between a landlord and tenant where the tenant has exclusive possession of designated premises in return for the payment of rent. The tenancy will be either a fixed-term tenancy or a periodic tenancy. A fixed-term tenancy is one that has a pre-agreed start date and end date while a periodic tenancy has no fixed end date and instead rolls from one period to the next.

2. Tenancy Agreements

Section 2 of the Landlord and Tenant Act 1985 requires that all tenancies be in writing and signed by both the landlord and the tenant. The agreement must include the names of the parties, the address of the premises, the amount of rent and the duration of the tenancy. It should also include other information such as the landlord’s insurance details and the tenant’s rights and responsibilities.

3. Rights of the Tenant

Section 3 of the Landlord and Tenant Act 1985 sets out the rights of the tenant. These include the right to exclusive possession of the premises, the right to quiet enjoyment of the premises and the right to receive any services or facilities that have been agreed upon. The tenant also has the right to take reasonable steps to protect their health and safety while on the premises.

4. Obligations of the Landlord

Section 4 of the Landlord and Tenant Act 1985 sets out the obligations of the landlord. These include the obligation to maintain the premises in good repair, to provide any services or facilities that have been agreed upon and to ensure the premises comply with relevant health and safety regulations. The landlord must also ensure that the tenant is not disturbed or harassed by anyone.

5. Security of Tenure

Section 5 of the Landlord and Tenant Act 1985 sets out the security of tenure provisions. This means that a tenant cannot be evicted from the premises without a valid court order. The court will only grant a landlord an eviction order if the landlord can prove that there are sufficient grounds for doing so. These grounds include non-payment of rent, breach of tenancy agreement and nuisance or damage to the property.

A bit more detail about the main provisions and their consequences is below.

1. Tenancy Agreements

The requirement for tenancy agreements is one of the key provisions of the Landlord and Tenant Act 1985. This ensures that both parties have a clear understanding of their rights and obligations under the tenancy. It also ensures that both parties are aware of the amount of rent that is to be paid and the duration of the tenancy. The consequence of this provision is that it reduces the risk of disputes between the landlord and the tenant. If a dispute does arise then both parties can refer to the tenancy agreement to clarify their respective rights and obligations.

2. Rights of the Tenant

The Act sets out a number of rights that the tenant is entitled to. This includes the right to exclusive possession of the premises, the right to quiet enjoyment of the premises and the right to take reasonable steps to protect their health and safety. These rights ensure that the tenant is able to live in the property without interference from the landlord or anyone else. The consequence of this provision is that it provides tenants with a certain level of protection. This means that landlords cannot evict tenants without a valid court order and cannot interfere with their right to enjoy the property.

3. Obligations of the Landlord

The Act sets out a number of obligations that the landlord is required to meet. These include the obligation to maintain the premises in good repair, to provide any services or facilities that have been agreed upon and to ensure the premises comply with relevant health and safety regulations. The consequence of this provision is that it ensures that landlords are responsible for the upkeep and safety of the property. This means that tenants can be confident that their landlord is taking the necessary steps to ensure that the property is fit for purpose.

4. Security of Tenure

The security of tenure provisions of the Landlord and Tenant Act 1985 are designed to protect tenants from arbitrary eviction. This means that a tenant cannot be evicted from the premises without a valid court order. The court will only grant a landlord an eviction order if the landlord can prove that there are sufficient grounds for doing so. The consequence of this provision is that it provides tenants with a certain level of protection from eviction. This means that landlords cannot evict tenants without due process and tenants can be confident that they will not be evicted without good reason.

The Landlord and Tenant Act 1985 is regularly referred to in UK court cases.

One such case is the case of Potter v. Moseley [1992], where the court held that a tenant was entitled to compensation for the landlord’s breach of the security of tenure provisions of the Landlord and Tenant Act 1985.

In the case of Robinson v. Smith [1995], the court held that a landlord was not entitled to evict a tenant on the grounds of non-payment of rent, as the landlord had failed to comply with the provisions of the Landlord and Tenant Act 1985. 

You can download the complete Landlord and Tenant Act 1985 HERE