Repairing obligations and dilapidations

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Trespass—claims and defences

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Dilapidations claims at the end of the term

Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...

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LTA 1954 business lease renewal—termination

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Tenancy deposit schemes

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New Electronic Communications Code—Code rights

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Claiming relief from forfeiture when breach is rent arrears

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Dealing with goods left behind at lease end or following sale of property

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Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

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Practice notes

Time limits and extension of statutory period under LTA 1954

Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...

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Practice notes

Residential service charges—disputes and procedures

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Statutory compensation under the Landlord and Tenant Act 1954

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Practice notes

Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls

Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...

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Practice notes

Serving notices—potential issues

This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....

25th Sep

Most recent Repairing obligations and dilapidations content

Practice notes

Occupiers’ liability

Occupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all his...

25th Sep

Practice notes

Yielding up and vacant possession

Whether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern leases contain an express covenant...

25th Sep

Practice notes

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...

25th Sep

Practice notes

Defective Premises Act—provision of dwellings

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to...

25th Sep

Practice notes

Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair

Fitness for human habitationImplied covenantWith effect from 20 March 2019, section 1 of the Homes (Fitness for Human Habitation) Act 2018 (H(FHH)A...

25th Sep

Practice notes

Tenant’s reinstatement

Reinstatement of alterations can be very contentious. Landlords may be left with a property in an unlettable state or tenants may find that they are...

25th Sep

Practice notes

Dilapidations during the term—claims by the tenant

This Practice Note deals with the options available to commercial tenants where a landlord of commercial property has failed to comply with repairing...

25th Sep

Practice notes

Tenant's improvements

The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant to serve notice stating its intention to carry out specified improvements. If the landlord...

26th Sep

Practice notes

Who is liable for inherent defects?

Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...

26th Sep

Practice notes

What is the appropriate standard of repair?

Unless there is clear wording to the contrary (eg a schedule of condition), a covenant to repair requires the tenant to undertake work that, having...

26th Sep

Precedents

Letter serving a schedule of dilapidations on a tenant

Dear [insert organisation name], Re: [insert details of the premises] (‘the Property’) We act for [insert name of landlord] (‘the...

26th Sep

Practice notes

Pre-Action Protocol for Housing Condition Cases (England)

This Practice Note sets out the aims of the Pre-action Protocol for Housing Condition Cases (England) (the Protocol), in force from 13 January 2020,...

26th Sep

Practice notes

Pre-Action Protocol for Housing Disrepair Cases (Wales)

This Practice Note sets out the aims of the Pre-action Protocol for Housing Disrepair Cases (Wales) (the Protocol), in force from 13 January 2020,...

26th Sep

Practice notes

Code for leasing business premises, RICS professional statement 2020

Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...

26th Sep

Practice notes

Defective Premises Act—landlords' liability

A landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the...

26th Sep

Practice notes

Dilapidations during the term—claims by the landlord

This Practice Note deals with the claims available to a landlord during the currency of a lease. For claims for dilapidations after expiry of the...

26th Sep

Practice notes

Dealing with goods left behind at lease end or following sale of property

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

26th Sep

Practice notes

Vacant possession

Vacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion.In Dreams v Pavilion...

26th Sep

Practice notes