Section 1: Fitness for human habitation 9A Fitness for human habitation of dwellings in England
Section 9A(1) introduces an implied covenant by the landlord into a lease for the dwelling that the dwelling:
is fit for human habitation at the time the lease was granted;
will be kept fit for human habitation during the term of the lease.
	Section 9A(2) sets out certain exceptions to the application of the implied covenant, in that it does not require the landlord to:
carry out works or repairs for which the tenant is liable because of:
the duty of the tenant to use the dwelling in a tenant-like manner, or
because there is an express covenant in the lease which requires the tenant to use the dwelling in a tenant-like manner.
rebuild or reinstate the dwelling where it has been destroyed or damaged by fire, storm, flood or other natural occurrence;
keep in repair or maintain anything which the tenant is entitled to remove from the dwelling;
carry out any works or repairs to the property which would result in the landlord breaching any of their statutory obligations under other provisions;
carry out works or repairs to the property which would require the consent of a superior landlord or other third party, provided that such consent was requested but not obtained.
	Section 9A(3) provides that, in addition, the implied covenant does not impose on the landlord any liability where the property is unfit for human habitation where the unfitness is wholly or mainly because of:
the tenant’s own breach of the implied covenant, or
disrepair which the landlord is not required to make good because of an order made by the county court.
	Section 9A(4) states that any provision of a lease or any agreement relating to a lease is void where that provision attempts to:
exclude or limit the obligations of the landlord under the implied covenant; or
authorises any forfeiture or imposes on the tenant any penalty, disability or obligation in the event of the tenant enforcing their rights under the implied covenant introduced through this section.
	Section 9A(5) clarifies that where in any court proceedings, it is alleged that a landlord is in breach of their obligation to keep the property fit for human habitation, at the start of and throughout the tenancy, the courts may order specific performance of that obligation.
	Section 9A(6) states that the duties of the landlord or the lessor extend to common parts of the building where they have an estate or interest.
	Section 9A(7) clarifies that in a lease of property to which section 9A applies, there is an assumed agreement by the lessee allowing the lessor (or a person authorised by the lessor in writing) to enter the dwelling for the purpose of inspecting its condition and state of repair.
	Section 9A(8) provides that the landlord, or someone on their behalf, may have access to the property to view its state of repair only if notice is given to the tenant and access is sought for a reasonable time of day.
	Section 9A(9) clarifies the definitions of the terms "common parts", "lease", "lessor" and "lessee" for the purposes of the provision.