3 Lease Repair Obligations That A Tenant Should Be Aware Of

Here we look at the responsibilities a tenant should be aware of in respect of Lease Repair Obligations entered into as part of their property lease.

At the end or during the term of a lease disputes can often arise between a Landlord and Tenant in relation to repair clauses.   A Schedule of Dilapidations can be served on the Tenant detailing the works it must carry out under the terms of the Lease. If the Tenant fails to carry out the works in breach of the lease, the Landlord can pursue the Tenant for the costs of repair.

Under the Landlord and Tenant Act 1927 there are provisions to cap the amount of damages a Landlord can receive, however, in order to avoid this situation it would be prudent to consider the following:

  1. Before entering into a lease have you dealt with the current condition and state of the Property? There is always the option to corroborate the position with a valuation report, surveyor’s report and/or photographs.
  2. Are there any provisions in the lease which deal with the repair procedure and dilapidations? It is important that repair provisions are dealt with expressly to avoid ambiguity.
  3. Have you complied with any dilapidation schedules served on you by the Landlord during the lease?

In order to avoid any nasty disputes or hefty costs make sure that you understand the requirements under your lease and that you budget for any necessary repairs. Dealing with this early on will make the repair obligations in your lease a much more straightforward experience.

For further information please contact Lauren Smith, Commercial Property Solicitor on 0800 037 4628 or use the contact form.

Laura Bradley

About Laura Bradley

Laura Bradley is a Solicitor in the Commercial Property department at Forbes Solicitors. Within her blogs Laura deals with all aspects of commercial property including leases (from both landlord and tenant perspective), licences, acquisitions and disposals along with recent updates within the property sector.
This entry was posted in Commercial Property.