Dilapidations during the term—claims by the landlord
Dilapidations during the term—claims by the landlord

The following Property Disputes guidance note provides comprehensive and up to date legal information covering:

  • Dilapidations during the term—claims by the landlord
  • Claim for damages for disrepair during lease term
  • Claiming damages during lease term—LP(R)A 1938 cases—notice and counter-notice requirements
  • Claiming damages during lease term—LP(R)A 1938 cases—obtaining permission
  • Claiming damages during lease term—issuing the claim form
  • Forfeiting for disrepair during lease term
  • Notice to repair during lease term—Jervis v Harris clause
  • Specific performance

This Practice Note deals with the claims available to a landlord during the currency of a lease. For claims for dilapidations after expiry of the term, see Practice Note: Dilapidations claims at the end of the term. The available claims are:

  1. damages

  2. forfeiture

  3. entry and repair under a ‘Jervis v Harris’ clause

  4. specific performance

Claim for damages for disrepair during lease term

During the term of a lease, a claim for damages for breach of a tenant's repairing covenant may not be an effective remedy because:

  1. where the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) applies, (ie where there is a fixed term of seven years or more, with three or more years remaining), leave of the court is required before a claim can be pursued, which is likely to only be forthcoming if the landlord can prove that their reversion has suffered a substantial diminution in value, or other urgent considerations apply

  2. damages during the term are limited by:

    1. the common law measure of damages, which is the amount by which the value of the landlord's reversion has been diminished by the breach. This will be calculated by comparing the value of the reversion on the assumption that the premises are in the condition they should be in against the condition they are in, taking into account:

      1. the unexpired