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Landlord and Tenant Act 1985

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32 Provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954.E+W

(1)The following provisions do not apply to a tenancy to which Part II of the M1Landlord and Tenant Act 1954 (business tenancies) applies—

  • [F1sections 1 to 3A] (information to be given to tenant),

  • section 17 (specific performance of landlord’s repairing obligations).

  • [F2section 30C (implied terms relation to building safety),

  • section 30D (building safety costs),

  • section 30E (liability for remuneration of building safety director of resident management company etc).]

(2)Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the new lease is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies and the previous lease either is such a tenancy or would be but for section 28 of that Act (tenancy not within Part II if renewal agreed between the parties).

In this subsection “existing tenant”, “former tenant still in possession” and “previous lease” have the same meaning as in section 14(2).

(3)Section 31 (reserve power to limit rents) does not apply to a dwelling forming part of a property subject to a tenancy to which Part II of the M2Landlord and Tenant Act 1954 applies; but without prejudice to the application of that section in relation to a sub-tenancy of a part of the premises comprised in such a tenancy.

Textual Amendments

F1Words in s. 32(1) substituted (1.10.1996) by 1996 c. 52, s. 93(2); S.I. 1996/2212, art. 2(2)

F2Words in s. 32(1) inserted (28.4.2022 for specified purposes, 6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 112(6), 170(2) (with s. 164); S.I. 2023/362, reg. 3(1)(z10)(v)

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