Q&As

Where the landlord has to replace the roof of a multi-tenanted office building as it is beyond its useful economic life, can the landlord pass this cost on to tenants via the service charge? One tenant has a lease of four years remaining which has a break in 13 months’ time objects and has a surveyor report that patch repairs would be sufficient. The lease provides that the landlord is responsible for 'maintaining the state and condition' of the roof. Would the landlord be entitled to recover the costs in full from this tenant? Is there any case law?

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Published on LexisPSL on 19/06/2017

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

  • Where the landlord has to replace the roof of a multi-tenanted office building as it is beyond its useful economic life, can the landlord pass this cost on to tenants via the service charge? One tenant has a lease of four years remaining which has a break in 13 months’ time objects and has a surveyor report that patch repairs would be sufficient. The lease provides that the landlord is responsible for 'maintaining the state and condition' of the roof. Would the landlord be entitled to recover the costs in full from this tenant? Is there any case law?

Where the landlord has to replace the roof of a multi-tenanted office building as it is beyond its useful economic life, can the landlord pass this cost on to tenants via the service charge? One tenant has a lease of four years remaining which has a break in 13 months’ time objects and has a surveyor report that patch repairs would be sufficient. The lease provides that the landlord is responsible for 'maintaining the state and condition' of the roof. Would the landlord be entitled to recover the costs in full from this tenant? Is there any case law?

The starting point is that a landlord cannot recover the cost of items which are not clearly included in the lease and which are of no benefit to the tenants.

A tenant will not generally be expected to pay for the landlord to upgrade or improve its property as opposed to repairing it. The length of a tenant's lease has a bearing on what he can fairly be expected to pay even if the service charge provisions are drawn fairly widely.

The landlord cannot, because he has an interest in the matter, overlook the limited interest of the tenants who are having to pay by carrying out works that are calculated to serve an interest extending beyond that of the tenants. If the landlord wished to carry out

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