Part 4: Higher-risk buildings Landlord and tenant etc Section 112: Implied terms in leases and recovery of safety related costs Effect
This section refers to the implied building safety terms in relevant leases.
	All written leases set out obligations on the part of the landlord, and on the part of the tenant. These are usually in the form of "covenants"; the landlord covenants with (promises) the tenant to do "X" and the tenant covenants with the landlord to do "Y".
	The Landlord and Tenant Act 1985 has implied covenants into short leases in relation to repair and human habitation. As a result, even if an agreement is signed to the contrary or if there is no written agreement, the landlord is always under an obligation to keep in repair the structure and exterior of the property and the installations for essential services in the property, and to keep the property fit for human habitation. At the same time, there is an implied covenant on the part of the tenant to grant access for repairs.
	This section amends the 1985 Act to provide new implied covenants in relation to building safety. These apply to all leases of dwellings in higher-risk buildings in England.
	The landlord covenants with the tenant to comply with their building safety duties if they are an Accountable Person, to co-operate with any Accountable Person and to comply with any relevant terms of a special measures order. The tenant covenants with the landlord to allow access for building safety purposes, to comply with the residents’ building safety duties and to comply with any relevant terms of any special measures order.
	This section makes additional provision for "relevant leases" – those which are for a fixed term of 7 years or over under the terms of which tenants have committed to pay a service charge which varies in accordance with the landlord’s expenditure on the upkeep of the building. The additional provision will enable the landlord to pass on the running/management costs of the new regime to the tenant through the service charge.