The following Property guidance note provides comprehensive and up to date legal information covering:
A tenant will not generally be expected to pay for the landlord to upgrade or improve its property as opposed to repairing it. The length of a tenant's lease has a bearing on what he can fairly be expected to pay even if the service charge provisions are drawn fairly widely.
However, a covenant to provide a service imposes a wider and potentially more onerous obligation than a covenant to repair, and may entitle a landlord to recover costs of work going beyond repair. In such cases it is the cost of providing the service that will form the service charge, and the distinction between repair and improvement is unlikely to be relevant. See News Analysis: Covenant to provide services goes beyond covenant to repair (Southwark London Borough v Baharier).
If the lease requires the landlord to consult tenants before carrying out major works there can be no recovery of the cost of works carried out without consultation.
A landlord cannot recover the cost of items which are not clearly included in the lease and which are of no benefit to the tenants. The list of services must be comprehensive as 'sweeper' clauses are likely to be narrowly construed against the landlord and will not allow the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234