370.This section makes amendments to the Landlord and Tenant Act 1985, including by inserting section 20DA and 20DB and sections 30ID to 30IH into that Act.
371.Section 20DA applies in relation to a lease to which section 30IB applies. Section 20DA (2) requires a relevant person to take reasonable steps to ascertain whether any grant is payable in respect of building safety works or whether any monies may be obtained from a third party in connection with the undertaking of building safety works and, if so, to obtain the grant or monies from the third party. It also requires a relevant person to take prescribed steps relating to any other prescribed kind of funding.
372.“Relevant person” is defined in subsection (10) and means the landlord, if the landlord is an accountable person for the building or otherwise any superior landlord who is an accountable person for the building.
373.Subsection (3) clarifies that the reference to “obtaining money from a third party” includes obtaining monies under a policy of insurance, under a guarantee or indemnity or pursuant to a claim made against a developer, a person involved in the design of the building or of works to the building, or a person involved in the carrying out of works in relation to the building.
374.Subsection (4) requires that, where any funding of a kind mentioned in subsection (2) is obtained, the amount of the funding is to be deducted from the building safety costs (and the amount of any variable service charge is to be reduced accordingly).
375.Section 20DB defines the meaning of “building safety works” for the purposes of section 20DA. In relation to a regulated building, “building safety works” means works as referred to in section 33(3) of the Act (management of fire safety risks by accountable persons). In relation to a category 1 or category 2 building, “building safety works” means works as referred to in section 35(2) of the Act (management of structural safety risks by accountable persons).
376.Section 30ID makes provision about covenants where a manager under section 24 of the Landlord and Tenant Act 1986 is carrying out any building safety duties of an accountable person for a regulated building and where a special measures order under section 109 of the Act is in force.
377.Section 30IE provides that covenants or agreements purporting to exclude or limit the obligations of the landlord and tenant under certain provisions detailed in that section are void.
378.Section 30IF provides that the county court is the court for determining any question or issue under sections 30IA to 30IE.
379.Section 30IG provides that the court may order specific performance of certain implied terms i.e. require a person to comply with those obligations not withstanding any rule that would otherwise restrict the remedy. The order can also apply to parts of the building which are not parts leased to the tenant (save in relation to breaches of the covenant in section 30IA(3)(a)).
380.Section 30IH defines terms used in sections 30IA to 30IG.
381.Subsections (6) and (7) of section 72 make provision consequential to the other provisions inserted into the Landlord and Tenant Act 1985.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Leases Section 72 - Further provision about implied terms and liability for costs