Repair Claims
Most commercial leases make it the responsibility of the tenant to keep the property in a state of good condition and repair.
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Most commercial leases make it the responsibility of the tenant to keep the property in a state of good condition and repair.
When they fail to do this, and the lease still has some time to run, the landlord either has to wait till the end of the term, and deal with it by way of a dilapidations claim or take action to get the repair works carried out without delay.
Wards Solicitors’ specialist Landlord and Tenant Disputes Team can provide expert guidance on your options and help you achieve a resolution as quickly and as cost effectively as possible in this situation.
Here, we explain in brief, what to do when a tenant refuses to carry out the remedial work you think is necessary to protect your investment and the value of your property.
A Jervis v Harris clause allows a landlord, having given notice to the tenant, to enter the let property and carry out the repairs, to meet their own standards and initially at their own expense.
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The costs incurred when a clause of this kind exists become a debt due from the tenant.
However, care must be taken to make sure that the tenant can’t claim the entry was premature, and therefore trespass, or that the work didn’t really need doing or the costs were unreasonable.
Without the appropriate clause in the lease, you are not allowed to enter the property and carry out repairs which are the tenant’s responsibility.
This could be deemed trespass or a breach of the covenant for quiet enjoyment.
Most commercial leases contain repairing covenants that a tenant should comply with.
Breach of these may give you the opportunity to claim damages from the tenant. However, there are certain restrictions that may invalidate your claim for damages.
Contact us for more information on what these are and what to do in each circumstance.
Forfeiture enables a landlord to re-enter their property following a breach by the tenant, and by doing so, terminate the lease. Depending upon the reason for forfeiture, termination can take place with immediate effect, or following a period of notice.
Forfeiture can take place either by peaceable re-entry or by commencing court proceedings for possession of the leased property.
Peaceable re-entry is when the landlord changes the locks when the tenant is not in the property.
Usually, this is carried out by commercial bailiffs.
Alternatively, the landlord can commence court proceedings for possession of the leased property by obtaining a possession order.This permits the landlord to enter the property and terminate the lease.
Landlords should be careful when proceeding with forfeiture, especially if there is a risk that the property will be left vacant for some time as a result.
In other words, you should consider the letting market before taking any steps to forfeit the lease.
Landlords cannot pursue a right of forfeiture for breach of covenant, other than for non-payment of rent, without serving a section 146 notice.
It’s also important to remember that:
For advice or to discuss a dispute, please contact Solicitor Richard Darbinian on 0117 929 4811 or richard.darbinian@wards.uk.com.
Click here to see our full Commercial Landlord and Tenant Disputes Team.
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