Repairing obligations and dilapidations

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The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

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

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

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

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

9th Nov

Practice notes

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

9th Nov

COVID-19

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

9th Nov

Practice notes

Forfeiture of a lease

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

9th Nov

COVID-19

In-house

Most recent Repairing obligations and dilapidations content

Practice notes

The Heat Network Metering and Billing Regulations—heat supplier and landlord obligations

The Heat Network Metering and Billing Regulations—heat supplier and landlord obligationsThe Heat Network (Metering and Billing) Regulations 2014, SI...

Produced in partnership with Tom Bainbridge of Lux Nova Partners 13th May

Practice notes

Housing disrepair for local authority landlords—a practical guide

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

Produced in partnership with Alexander Bastin of Hardwicke Chambers 30th Apr

Practice notes

Quick guide to where to issue common property dispute applications

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

29th Apr

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...

29th Apr

Q&As

A tenant is in occupation under an implied tenancy at will with no previous written lease. Are there any implied terms in a commercial periodic tenancy in respect of the tenant’s obligation to repair and reinstate the premises? Is the position the same where the occupier has acquired a periodic tenancy?

A tenancy at will is a precarious right to occupy land. It can arise by implication where the parties have not expressly agreed that there should be a...

27th Apr

Q&As

Party A owns a residential leasehold. There is a structural problem with the property that the landlord should deal with according to the lease. The landlord is withholding details of the building’s insurance, which is in their name. Party A has tried to sell the property, but the landlord has been obstructive in respect of this. What pressure can be applied to the landlord to get them to repair the building and to stop them interfering in any sale?

The tenant’s remedies for the landlord obstructing the sale will depend upon how the landlord is being obstructive. We assume that the main issues in...

27th Apr

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...

8th Apr

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...

8th Apr

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...

8th Apr

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...

8th Apr

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...

8th Apr

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...

8th Apr

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...

8th Apr

Practice notes

Repair—a tenant’s practical lease negotiation guide

Landlord’s repair objectivesThe key aims for the landlord are to: •shift as much responsibility for the repair of the premises as it can onto the...

8th Apr

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...

8th Apr

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...

8th Apr

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...

8th Apr

Practice notes

Landlord and tenant implied repairing obligations and the doctrine of waste

In the absence of an express covenant to repair in a lease, a landlord or tenant’s liability to repair will be limited, and in respect of landlords...

8th Apr

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...

8th Apr

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,...

8th Apr