Dilapidations during the term—claims by the landlord

Copyright © 2025 LexisNexis
Published by a LexisNexis Property Disputes expert
Practice notes

Dilapidations during the term—claims by the landlord

Copyright © 2025 LexisNexis

Published by a LexisNexis Property Disputes expert

Practice notes
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This Practice Note covers the various potential remedies for breach of tenant’s repairing obligations during the currency of the lease term, including an interim claim for damages for disrepair, forfeiture (and the restrictions of the Leasehold Property (Repairs) Act 1938), service of a notice to repair under a ‘Jervis and Harris’ clause and specific performance. 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), and the tenant claims the benefit of it, leave of the court is required before a claim can

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Dilapidations definition
What does Dilapidations mean?

Disrepair which has arisen as a result of a breach of a tenant’s repairing and decorating obligations in a lease. The claim for damages for the breach can be interim (made during the term of a lease) or terminal (made at the end of a lease).

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