Commentary on provisions of Act Social housing leases: remedying hazards Section 42: Social housing leases: remedying hazards
Section 42 amends the Landlord and Tenant Act 1985 by inserting two new sections which imply a new term into social housing leases relating to the remedying of hazards.
	Section 10A(1) provides that these provisions apply to the lease of a dwelling if, the lease is a relevant social housing lease of a dwelling in England and section 9A relating to fitness for human habitation applies to the lease, or would so apply if section 9B(3) were disregarded.
	Section 10A(2) implies into such leases a covenant by the landlord that the landlord will comply with all prescribed requirements that are applicable to the lease.
	Section 10A(3) requires the Secretary of State to make regulations that will require registered providers of social housing to take action in relation to prescribed hazards which affect, or may affect a relevant property within a time period (or periods) that will be specified within the regulations.
	The covenant implied under section 10A forms part of a tenant’s tenancy agreement and is enforceable by tenants through the courts.
	New section 10B makes supplementary provision. Regulations may apply to existing leases, existing hazards, and only some descriptions of prescribed hazards. Regulations can specify periods in relation to particular actions, including periods that are not of a specific duration. Regulations can require landlords to take actions in relation to hazards, even if those actions are not intended to remedy the hazard (for example investigations or rehousing).
	New section 10B(4) gives the Secretary of State power to disapply section 10A in relation to particular descriptions of leases, to make anti-avoidance provision, to apply the implied covenant to common parts, and to make provision implying a corresponding covenant on the part of the tenant that the landlord may enter the property for the purpose of viewing whether the property contains any relevant prescribed hazards.
	Regulations under new section 10A(3) and 10B(4) must be made by statutory instrument which must be approved by Parliament before it can be made.