Section 3 of the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) provides that LP(R)A 1938 will not apply to a breach of a covenant or agreement in so far as it imposes on the lessee an obligation to put premises in repair that is to be performed upon the lessee taking possession of the premises or within a reasonable time thereafter. Is there any guidance or case law on a tenant claiming the protection of this provision?

Section 3 of the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) has not been the subject of any authoritative reported case law and there is very little guidance on its meaning and effect.

LP(R)A 1938 was introduced in order to protect tenants from the risk of having their leases forfeited for disrepair or of being sued for damages. Prior to LP(R)A 1938, a landlord might serve a notice under section 146 of the Law of Property Act 1925 on a tenant in relation to disrepair at the premises. If the disrepair was not remedied within a reasonable period of time, then the landlord could forfeit the lease. Alternatively, the landlord could sue for damages without notice to the tenant. This was considered to be unfair to tenants and so LP(R)A 1938 was brought in.

LP(R)A 1938 restricts a