The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
During the term of a lease, if the tenant has failed to comply with its repairing obligations under the lease, the landlord may (among other options) decide to carry out the repairs and claim the costs from the tenant as a debt: this is commonly known as a 'Jervis v Harris clause'. However, once the lease term has ended, the landlord can no longer rely on such a clause. At that stage, damages are the only available remedy.
There are various protocols to be followed at the outset of 'dilapidations' claims once the lease term has ended. For further guidance on these, see Practice Note: Dilapidations claims at the end of the term—Dilapidations Protocol and Procedure
The common law measure of damages is:
the cost of carrying out the repairs, plus
the loss of rent while those repairs are being carried out
However, the sum of these two figures is subject to a statutory cap under section 18 of the Landlord and Tenant Act 1927 (LTA 1927).
Under LTA 1927, s 18, damages to be awarded under a claim for dilapidations is subject to a cap, in that the damages payable are limited to the diminution in value of
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