362.This section makes amendments to the Landlord and Tenant Act 1985 (“the 1985 Act”) by inserting section 30IA into that Act.
363.This section amends the 1985 Act to provide implied terms (covenants) in relation to building safety. These apply to all leases of dwellings in regulated buildings in Wales.
364.Under these implied terms, each “relevant person” (e.g. a landlord) covenants with the tenant to comply with their building safety duties if they are an accountable person under the Act, and to cooperate with any person in complying with their building safety duties. “Relevant person” is defined in subsection (7) of section 30IA. In respect of tenant covenants, there is implied a covenant by the tenant to comply with any repairs access order, access order or contravention order made in respect of the tenant, or compliance notice given, to the tenant under the Act.
365.Further related provision is included in subsections (4) to (7) of section 30IA, including definitions of terms used in that section and provision about data protection.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Leases Section 70 - Leases: implied terms relating to compliance with building safety duties