Repairing obligations and dilapidations

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Most recent Repairing obligations and dilapidations content

Q&As

Where goods have been left behind by a tenant, do any lease provisions which allow the landlord to deal with these items override the provisions of the Torts (Interference with Goods) Act 1977?

It is not uncommon for a tenant to leave behind possessions after vacating a rental property. A landlord is not at liberty simply to dispose of such...

22nd Jan

Q&As

Can the purchaser of a commercial property serve a schedule of dilapidations on a tenant following completion, where the tenant has been in occupation for a number of years under successive leases, and the purchase price paid reflected the disrepair?

The first issue to consider is the wording of the repairing covenant. Typically, it might make different provision for different aspects of the...

22nd Jan

Q&As

If a commercial tenant wishes to recover their costs for repair and loss of trading due to leaks from upper floors of a building (which the tenant believes remain in the ownership of the landlord), what cause of action would be most appropriate? The tenant’s lease contains no express obligations on the landlord to keep the remainder of the premises in repair.

Implied or statutory obligations on landlords to keep building repairThe landlord will only have repairing obligations to the extent of any express...

22nd Jan

Q&As

What are the heads of damages that a tenant can claim as a consequence of the landlord’s breach of its repairing obligations? Where a tenant operates a business from the demised premises and is forced to close the business temporarily, due to the landlord’s failure to repair, can the tenant claim damages for loss of profits?

Although it is inevitably a question of construing the terms of the lease, it is not uncommon to find that the tenant is obliged to keep the interior...

22nd Jan

Q&As

Can a landlord claim for damages in respect of wear and tear?

This will depend on whether there is an exception for fair wear and tear in the lease, and if so, how it is construed. In theory, an exception for...

22nd Jan

Q&As

Under the Defective Premises Act 1972, is a dwelling constructed for the commercial purpose of a holiday home with planning restrictions limiting occupation to holiday accommodation only, excluded from the definition ‘dwelling house’?

The first duty is imposed by section 1 of the Defective Premises Act 1972 (DPA 1972). Although entitled ‘Duty to build dwellings properly’, its...

22nd Jan

Q&As

A potential tenant is unwilling to take a lease of a commercial tenant unless and until the adjoining neighbouring property has fixed the dilapidated fence which runs between the two properties and is on the verge of collapse and presents as a health and safety risk. What can the landlord do to force the neighbour to fix the offending fence?

We have assumed that:•the landlord does not own the neighbouring property•there is nothing in the title re maintenance of the fence•the fence does not...

22nd Jan

Q&As

A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?

This Q&A explores who the tenant of a commercial unit should bring legal proceedings against when they suffer damage from a leak from a residential...

Produced in partnership with Alex Campbell of Arden Chambers 22nd Jan

Q&As

Where a commercial lease with repair and reinstatement obligations is due to expire, and the landlord plans to sell to a developer, who will demolish the existing buildings? Can the landlord assign the dilapidations claim to the developer? Will the developer have a claim for the additional demolition work caused by the tenant’s failure, in breach of covenant, to remove buildings and structures? If the sale to the developer is conditional on the property being in a state consistent with compliance with the tenant’s covenants, would any supersession argument fail because the works will need to be done?

This Q&A raises a number of issues concerning compliance with repair and reinstatement covenants at lease end. Broadly, a useful approach to...

22nd Jan

Q&As

If a landlord rents out a property which has oil heating (rather than gas), is there the same legal obligation to provide a safety certificate? The boiler runs off oil rather than gas. If the tenant refuses to supply the oil (which they are required to do under their tenancy agreement) then the boiler cannot be tested. Is this a satisfactory excuse for the landlord to give if possession proceedings are subsequently issued?

There do not appear to be any legal obligations placed on a landlord to carry out safety inspections of an oil-powered heating system in a rented...

22nd Jan

Q&As

Where a tenant remains in occupation after the expiry of a lease under an implied tenancy at will, if the landlord terminates the tenancy, can it make a dilapidations claim?

A claim for dilapidations is a claim against a tenant arising out of the state of premises, arising out of a covenant to maintain and repair. It is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

What is the procedure for serving a notice on a landlord in respect of disrepairs?

The landlord may have obligations to repair under an express term of the lease or, if a residential landlord, arising from an implied statutory...

22nd Jan

Q&As

Where a tenant is obliged to keep a whole building in good and substantial repair and condition, will this include replacement (of a roof)?

There are a significant number of authorities on what constitutes repair (see Practice Note: What is the appropriate standard of repair?). In summary,...

22nd Jan

Q&As

In terms of housing disrepair, what constitutes disrepair? Is a landlord required to carry out remedial works within a certain timescale? If so, are there any guideline used by the court to determine the level of liability/damages in the event that certain timescales are not complied with?

A landlord will usually be under an obligation to keep parts of residential premises in repair during the course of the tenancy. It will arise in one...

22nd Jan

Q&As

Section 3 of the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) provides that LP(R)A 1938 will not apply to a breach of a covenant or agreement in so far as it imposes on the lessee an obligation to put premises in repair that is to be performed upon the lessee taking possession of the premises or within a reasonable time thereafter. Is there any guidance or case law on a tenant claiming the protection of this provision?

Section 3 of the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) has not been the subject of any authoritative reported case law and there is very...

Produced in partnership with David Nicholls of Landmark Chambers 22nd Jan

Q&As

When can a commercial landlord re-enter to remedy a breach of a lease?

Is there an implied right of re-entry?There is no implied right to re-enter commercial premises to carry out repairs in circumstances where the tenant...

22nd Jan

Q&As

Do you have a clause for a definition of inherent/latent defect to be used in service charge exclusion or repair exclusion in a lease?

We refer you to the Precedent clauses contained in Repair, decoration and maintenance: EF&P 22(3)B 23. Depending on the nature of the lease in...

22nd Jan

Q&As

Can a tenant’s obligation to repair a track pursuant to a covenant contained in a lease be diminished or affected by the tenant’s infrequent use of the track, its partial adoption as a highway, or third party use of the track?

Case studyA lease of a telecoms mast granted in 1951 includes a covenant ‘to keep in repair’ the track leading to the mast. The track consists of part...

22nd Jan

Q&As

If a business lease has security of tenure and there is likely to be an unopposed lease renewal, how should dilapidations and repairs be dealt with?

Where a lease which is within the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954) is to be renewed by agreement, it is...

22nd Jan

Q&As

How are damages in dilapidations claims assessed?

When does the question of assessment arise in such cases?During the term of a lease, if the tenant has failed to comply with its repairing obligations...

22nd Jan