The following Property Disputes practice note provides comprehensive and up to date legal information covering:
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy and the amount recoverable is governed by:
common law principles for the assessment of damages for breach of a covenant to repair, and
section 18(1) of the Landlord and Tenant Act 1927 (LTA 1927), which limits, and in some cases extinguishes, the amount otherwise recoverable for disrepair (‘the statutory cap’)
At common law, the measure of damages for disrepair is the reasonable cost of putting the property into the state in which it ought to have been left (plus loss of rent and other losses during the period of the works). The appropriate standard of repair is that which is reasonable in all the circumstances, including the locality and age of the building.
Where economic repair is possible, but the landlord decides to replace an item in disrepair with a new design this is not a reasonable repair, but replacement. The landlord is not entitled to damages for that work. Further, the cost cannot be out of all proportion to the benefit to be obtained. In Ruxley, reconstructing a swimming pool to a depth of 7 ft 6 inches was out of all proportion to the benefit to be obtained where the original depth had been
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. 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
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.