Dilapidations during the term—claims by the tenant
Dilapidations during the term—claims by the tenant

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

  • Dilapidations during the term—claims by the tenant
  • Order for specific performance
  • Self help
  • Claim for damages
  • Set-off against rent
  • Ending the lease

This Practice Note deals with the options available to commercial tenants where a landlord of commercial property has failed to comply with repairing obligations, including claims for specific performance, self-help remedies, claims for damages and rent set-off and bringing the lease to an end, and compares the advantages and disadvantages of each option. For claims by tenants of residential property, see Practice Note: Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair. For claims by landlords against tenants during the term, see Practice Note: Breach of tenant’s repairing obligations during lease term.

For guidance on how to assess whether there has been a breach of repairing obligations generally, see Practice Note: What is the appropriate standard of repair?

A tenant whose landlord is in breach of its repairing obligations has several options to try to remedy the situation:

  1. an order for specific performance

  2. self help

  3. a claim for damages

  4. set-off against rent

  5. end the lease

Order for specific performance

An order for specific performance or mandatory injunction requires the landlord to carry out the necessary works. This remedy carries the disadvantages of the cost of court proceedings and the need to show that other remedies are i