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GLOSSARY

Jervis V Harris Clause definition

Published by a LexisNexis Property Disputes expert

What does Jervis V Harris Clause mean?

A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs. Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.

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Quick guide to landlord’s remedies for breach of lease

Quick guide to landlord’s remedies for breach of lease This Practice Note provides a summary of the remedies available to a landlord when faced with a tenant’s breach of lease, including forfeiture, service of a statutory demand, court proceedings to recover rent or damages, or for an injunction, Commercial Rent Arrears Recovery (CRAR) (including recovering rent from sub-tenants), claims against guarantors, claims against former tenants (via service of a notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)), withdrawal from a rent deposit, and serving an entry and repair notice. If a tenant breaches a lease covenant, there are a number of remedies available to a landlord, listed and explained below. Before using them, landlords should consider whether: • the tenant is in any form of insolvency. If so, check the list of restrictions on recovery action for each form of insolvency here. See also: Landlord steps to take if tenant becomes insolvent—checklist and Practice Note: Quick guide to property insolvency...

Quick guide to landlord’s coronavirus (COVID-19) remedies [Archived]

Quick guide to landlord’s coronavirus (COVID-19) remedies [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the potential options and remedies which may be available to a landlord in dealing with a defaulting tenant, how these may have been affected or limited during the coronavirus (COVID-19) pandemic, and how long such limitations are in place. For further guidance on rent recovery, see Practice Note: Rent arrears recovery under the Commercial Rent (Coronavirus) Act 2022 [Archived]. Normal remedies Coronavirus (COVID-19) remedies How long is the coronavirus (COVID-19) remedy in force? Possession notices (residential tenancies) The two main routes for terminating assured shorthold tenancies (ASTs) are under the Housing Act 1988 (HA 1988):• section 8—which requires between two weeks’ and two months’ notice depending on the ground for possession relied on (Note that assured tenancies (AT) must be terminated using the section 8 procedure), or• section 21—which requires at least two months’ noticeSee Practice Note: Assured and...

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What are the consequences if a landlord has a right of entry to carry out repairs but instead carries out essential improvements such as fire safety works?

What are the consequences if a landlord has a right of entry to carry out repairs but instead carries out essential improvements such as fire safety works? It is an essential characteristic of a lease that the landlord gives exclusive possession to the tenant for the term. See Commentary: Distinction between lease and licence: Hill and Redman's Law of Landlord and Tenant [290]–[341]. A landlord has no general right of entry onto the demised premises, and requires an express right in order to enter and do repairs. As explained in Commentary: Rights of entry to carry out works and recover costs: Hill and Redman's Law of Landlord and Tenant [3569], ‘Clauses which expressly reserve rights of entry to the landlord for particular purposes will be strictly construed and the court will be reluctant to imply additional rights in the landlord's favour. Thus a covenant allowing the landlord to enter demised premises to carry out works was held not to confer a right to enter to carry out works of improvement.’...

Is there an implied obligation on the tenant to use appropriately qualified contractors or agents when carrying out repairs under a lease when a notice to repair under a Jervis v Harris clause is served?

Is there an implied obligation on the tenant to use appropriately qualified contractors or agents when carrying out repairs under a lease when a notice to repair under a Jervis v Harris clause is served? A Jervis v Harris provision will contain most if not all the following covenants on the part of the tenant: • to repair the demised premises • to permit the landlord to enter to inspect the state of repair • to carry out any work required in a notice by the landlord identifying defects discovered on inspection within a specified time • to permit the landlord to enter to carry out work which the tenant has failed to carry out pursuant to such a notice • to pay the cost of the landlord carrying out such work The advantages to the landlord include the following: • it avoids the need to forfeit • there is no need for a section 146 of the Law of Property Act 1925 notice • the Leasehold Property (Repairs)...

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Property Disputes weekly highlights—30 November 2023

This week's edition of Property Disputes weekly highlights includes: the introduction of the Leasehold and Freehold Reform Bill to Parliament, a Supreme Court decision on the power to grant newcomer injunctions, analysis of a High Court decision on rescinding the mistaken discharge of mortgages, a Court of Appeal decision on section 5 notices where the transaction involves the disposal of an estate or interest in more than one building, and a decision on proprietary estoppel in cases of void land contracts.

Property Disputes weekly highlights—10 October 2019

This week's edition of Property Disputes weekly highlights includes: further analysis of the recent High Court decision on the Debenhams CVA, decisions on claims against administrators and enforcing an arbitration award, the grant of the first landlord banning order, and commentary on the prorogation of Parliament.

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