Q&As
In a lease of roof space for solar panels to a utility provider, how are the extent of the tenant’s rights to the landlord’s residential property to repair and maintain apparatus assessed and how can they be enforced against an uncooperative landlord?
For the purposes of this Q&A we have assumed that while the solar equipment has been installed on the roof (the demise), the lease itself authorises the installation of ancillary apparatus within the landlord’s property (outside of the demise). We also assume that the lease grants the tenant rights to maintain, inspect and repair apparatus installed outside of the demise.
This Q&A considers the extent of the rights in the lease and how to enforce them.
Extent of rights
The extent of the rights to access the landlord’s property in order to repair and maintain the apparatus will be governed by the terms of the
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