Repairing obligations and dilapidations

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

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Most recent Repairing obligations and dilapidations content

Q&As

'A' is the superior landlord. 'B' has a lease of the premises, which is protected by the Landlord and Tenant Act 1954. The lease expired a year ago. B continues to pay rent to A, but B is not in occupation of any part of the premises. However, B has sublet part of the premises to C and D. C and D continue to occupy part of the premises, but both their sub-leases have expired. 1) Does B still have a lease with A? If B is not in occupation, it presumably no longer has protection under the Act. How should A treat the rent received from B and what is the nature of the relationship between A and B (if there is one at all)? 2) Can A still serve a dilapidations schedule on B? 3) If B still has a lease or relationship with A, how does A bring this to an end? 4) Is A now C and D's direct landlord, even though C and D do not pay rent to A (and do C and D now potentially have protected periodic tenancies)? 5) How does A remove C and D from the premises?

1) Does B still have a lease with A? If B is not in occupation, it presumably no longer has protection under the Act. How should A treat the rent...

22nd Jan

Q&As

A freeholder wants to carry out urgent repairs to a bathroom in a flat on a long (999 years) lease owing to environmental health issues caused to other flats. Is a section 146 notice required or is it sufficient to state the position in writing as freeholder is not seeking forfeiture but simply to recover the cost from the lessee?

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22nd Jan

Q&As

As a landowner, what responsibility does a landlord have for trees? If a lease is silent about liability for inspection and maintenance of trees within the demise, will all liability for the trees automatically pass to the tenant or does the landlord retain any liability for the trees?

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Q&As

Where a landlord intends to serve a schedule of dilapidations following service of a non-hostile section 25 notice, does the Dilapidations Protocol apply (and if so, how), given that the tenancy will not end until the notice expires or any claim for a new lease is dealt with?

Under section 24(1) of the Landlord and Tenant Act 1954 (LTA 1954), an LTA 1954 lease will continue until terminated in accordance with the provisions...

22nd Jan

Q&As

A landlord owns a commercial building. The lease came to an end and the tenant has vacated. The landlord has served a schedule of dilapidations (in excess of £50,000) in accordance with the protocol. The landlord has planning permission to convert the offices to residential. The tenant argues that the landlord has no intention of carrying out the repair work given the planning permission and so is refusing to pay any dilapidations. The landlord argues that it has no intention to convert at present and wants to add extra value to the building for the future. If the landlord converts the interior to residential use is it still able to claim dilapidations for the exterior?

Damages for disrepair at the end of a lease requires consideration of two sets of principles. First, the common law measure of damages for breach of a...

22nd Jan

Q&As

If a landlord needs to take out a commercial loan in order to be able to carry out repair works following the end of a lease, can the cost of the loan or interest be passed on to the tenant in the dilapidations claim? The lease is silent.

If the landlord needs to borrow to carry out the works and intends to carry out those works then, in principle, notwithstanding there is no provision...

Produced in partnership with Carl Fain of Tanfield Chambers 22nd Jan

Q&As

There are three leaseholders in the building and they each own a share of the freehold. What options are available to two of the leaseholders if (1) they wish to carry out repairs to the building where the third leaseholder objects and (2) the third leaseholder is also causing a nuisance to one of the leaseholders?

What options are available to two of the leaseholders if:(1) they wish to carry out repairs to the building where the third leaseholder objectsFor the...

22nd Jan

Q&As

Where parties have agreed a schedule of dilapidations for a property which is then let to the tenant for a further short period, what steps can the tenant take to ensure that the landlord does not issue a further schedule of dilapidations at the end of the short tenancy?

In such circumstances, it may be possible to limit the tenant’s repairing obligations by reference to a schedule of condition which could be based...

22nd Jan

Q&As

Can a landlord include in a claim against a former assured shorthold tenant, for damage to the property, a claim for time spend cleaning and decorating? If so how dothey quantify the value of their time?

A tenant’s obligationsA tenant has an implied obligation to use the rented premises in a tenant-like manner. In Warren v Keen, CA, Lord Justice...

Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan

Q&As

A freeholder grants a lease to A, who sublets to B. Prior to the expiry of the headlease, the freeholder granted a new lease directly to B. That lease has now expired and B has vacated. Can the freeholder bring a dilapidations claim (1) against A under the headlease? (Or has the freeholder waived its right to recover dilapidations from A by entering into the direct lease with B?); (2) against B pursuant to the direct lease?

Much of the dilapidations claim relates to items installed by A before the grant of the sublease to B and which were not reinstated at the end of the...

22nd Jan

Q&As

A freeholder has an obligation to repair balconies in a block of flats. A number of lessees have (with permission) replaced balustrades and tiling which are of substantially higher quality than the original balustrades and tiles. In order to repair the balconies, the landlord will need to remove the new balustrades and tiles. Is the landlord liable to reinstate the tenants’ fixtures/fittings or are they only liable to reinstate the balconies to their original standard?

It is not unusual that, where a freeholder retains the freehold interest of a building but demises leases of various flats for lengthy periods of...

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

Q&As

Where a private slipway is maintained by a local council by way of an agreement which also allows the public to use the slipway, what liability does the private owner have if the public suffer damage due to the state of repair of the slipway. What steps could the owner take to avoid liability, eg signage?

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22nd Jan

Q&As

When does the limitation period start to run for a claim by a landlord against a former tenant for damage to property occupied under an assured shorthold tenancy? Is it when the damage was caused or when the landlord became aware of it following the end of the tenancy?

An assured shorthold tenancy is unlikely to have been granted by deed, so the limitation period applicable to breaches will be six years: section 5 of...

22nd Jan

Q&As

Rats are nesting in a service yard area which is outside the tenant’s demise, but over which they have rights, but have not quite got into the property. The landlord retains the service yard and is under an express obligation to keep the service yard in good condition/repair. Whose responsibility is it to deal with the infestation and can a tenant claim nuisance over land it only has rights over rather than land which it occupies?

It would appear that the liability for such an issue may fall to the landlord/concurrent tenant or tenant depending on various factors including how...

22nd Jan

Practice notes

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What is the appropriate standard of repair?

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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...

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Repairing obligations and dilapidations

View Property Disputes by content type:

Latest Property Disputes News

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

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