Q&As

Where a landlord has sought to carry out repair and reinstatement work after a lease has ended, which the tenant failed to do in breach of covenants, how is the landlord’s position affected where the landlord’s contractors have failed to actually carry out the works which the landlord intended to do (and for which the landlord has paid)?

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Published on LexisPSL on 20/05/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a landlord has sought to carry out repair and reinstatement work after a lease has ended, which the tenant failed to do in breach of covenants, how is the landlord’s position affected where the landlord’s contractors have failed to actually carry out the works which the landlord intended to do (and for which the landlord has paid)?

Where a landlord has sought to carry out repair and reinstatement work after a lease has ended, which the tenant failed to do in breach of covenants, how is the landlord’s position affected where the landlord’s contractors have failed to actually carry out the works which the landlord intended to do (and for which the landlord has paid)?

The landlord’s position will depend on the measure of loss for breach of the covenants concerned. This is explained in detail in Practice Note: Dilapidations claims at the end of the term but, broadly:

  1. in cases of breach of repairing covenant, the measure of loss at common law is the reasonable cost of works required to remedy the breaches (plus certain other consequential losses). This does not, in itself, turn on whether the works have been done nor, therefore, on the standard of those works. This measure of loss is subject to the statutory cap in section 18(1) of the Landlord and Tenant Act 1927

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