The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
There is no implied right to re-enter commercial premises to carry out repairs in circumstances where the tenant is in breach of their repairing obligations. Therefore, the landlord can only use this remedy if there is an express right to gain access and undertake the repairs, often referred to as a ‘Jervis v Harris’ clause (Jervis v Harris).
The express provision is likely to set out a process whereby:
the landlord must serve notice on the tenant, setting out the repairs needed and requiring that they be undertaken within a specified reasonable timescale (the timescale is sometimes dictated by the express terms of the lease)
in the event that the tenant fails to undertake the works in the timescale provided, the landlord is then able to enter the premises, undertake the works and issue a debt recovery claim for those costs against the tenant
Accordingly, a Jervis v Harris clause will include a specific right for the landlord to enter
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