Repairing obligations and dilapidations

Featured guidance
Repairing obligations and dilapidations guidance:

The Heat Network (Metering and Billing) Regulations 2014, SI 2014/3120 came into force on 18 December 2014 and transpose parts of the Energy Efficiency Directive...

Practice Note

Goods are often left behind when a lease ends or a property is sold, especially following forfeiture by re-entry when there may have been no notice. The lease may deal...

Practice Note

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 Defective Premises Act 1972...

Practice Note

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 ensure that the work is...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Practice Note

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

Practice Note

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 contrary. Fittings (also...

Practice Note

This Practice Note discusses disrepair claims in relation to social housing, setting out the legal basis for a claim and other the relevant factors that need to be...

Practice Note

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 will depend on various...

Practice Note

Dear [insert organisation name], Re: [insert details of the premises] (‘the Property’) We act for [insert name of landlord] (‘the Landlord’) and refer you to the lease of...

Precedents

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

Practice Note

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, which applies to...

Practice Note

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, which applies to...

Practice Note

This Practice Note sets out the scope of and aims of the Pre-action Protocol for Housing Disrepair Cases (the Protocol), and the consequences of a failure to comply with...

Practice Note

The Pre-action Protocol for Housing Disrepair Cases (the ‘Protocol’) applies to residential property situated in England and Wales and relates to claims by tenants and...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Practice Note

In the absence of an express covenant to repair, the tenant's liability depends: • partly on the doctrine of waste, and • partly on an implied obligation to use the...

Practice Note

Landlord’s repair objectives The key aims for the landlord are to: • shift as much responsibility for the repair of the premises as it can onto the tenant, and • to...

Practice Note

Fitness for human habitation Implied covenant With effect from 20 March 2019, section 1 of the Homes (Fitness for Human Habitation) Act 2018 (H(FHH)A 2018) amends the...

Practice Note

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 called upon to...

Practice Note

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 either does not...

Practice Note

Vacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion. In the case of leases, whether a tenant...

Practice Note

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 regard to the age,...

Practice Note

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

Practice Note

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 on the part of the...

Practice Note