Q&As

A lease of business premises contains the usual Jervis v Harris clause, giving the tenant one month to start works of repair notified to it, and three months to complete them, otherwise the landlord may enter to do the works and claim the costs as a debt. If the landlord gives notice to repair less than three months before the lease end and the premises are delivered up out of repair, can the landlord do the works after the lease end (the tenant has vacated) and reclaim the cost of the works as a debt?

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Published on LexisPSL on 16/09/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A lease of business premises contains the usual Jervis v Harris clause, giving the tenant one month to start works of repair notified to it, and three months to complete them, otherwise the landlord may enter to do the works and claim the costs as a debt. If the landlord gives notice to repair less than three months before the lease end and the premises are delivered up out of repair, can the landlord do the works after the lease end (the tenant has vacated) and reclaim the cost of the works as a debt?

A lease of business premises contains the usual Jervis v Harris clause, giving the tenant one month to start works of repair notified to it, and three months to complete them, otherwise the landlord may enter to do the works and claim the costs as a debt. If the landlord gives notice to repair less than three months before the lease end and the premises are delivered up out of repair, can the landlord do the works after the lease end (the tenant has vacated) and reclaim the cost of the works as a debt?

We cannot find any authority that deals with this point. However, on the basis that the clause provides for the landlord giving the tenant one month’s notice to start works and three months’ notice to complete them, and there are not three months left in the term, there is a risk that the clause may not be enforceable, as the tenant has no right to remain on the premises after the end of the term in

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