Repairing obligations and dilapidations

View Property Disputes by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Building safety Dilapidations Landlord’s dilapidations (damages) claim Yielding up and vacant possession

Latest Property Disputes News

Property Disputes weekly highlights—27 March 2025

Property Disputes weekly highlights—27 March 2025

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—27 March 2025

Built environment industry responses to the Spring Statement 2025

Built environment industry responses to the Spring Statement 2025
Spring Statement 2025—Key Construction and Planning announcements

Spring Statement 2025—Key Construction and Planning announcements
Upper Tribunal clarification on the statutory test for a ‘self-contained part of building’ in right to manage claims (The Courtyard RTM Co Ltd v Rockwell (FC103) Ltd)

Upper Tribunal clarification on the statutory test for a ‘self-contained part of building’ in right to manage claims (The Courtyard RTM Co Ltd v Rockwell (FC103) Ltd)

Upper Tribunal clarification on the statutory test for a ‘self-contained part of building’ in right to manage claims (The Courtyard RTM Co Ltd v Rockwell (FC103) Ltd)

Featured Property Disputes content

Forfeiture of a lease

Forfeiture of a lease

Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...

Specific performance of property agreements

Specific performance of property agreements

Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...

Occupiers’ liability

Occupiers’ liability

Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...
Read More >
Produced in partnership with Kate Andrews of Hamlins
28th Mar
Practice notes

Mortgagee in possession

Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
Read More >
2nd Mar
Practice notes

Rectification—mutual mistake

Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Read More >
2nd Mar
Practice notes

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

Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Read More >
2nd Mar
Practice notes

Order for sale—next steps after obtaining an order for sale

Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
Read More >
1st Mar
Practice notes

Notice to complete

Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
Read More >
1st Mar
tag iconCOVID-19
Practice notes

Private nuisance—general principles

Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It normally...
Read More >
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes

Successors in title—leases

Successors in title—leasesThe meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of...
Read More >
2nd Mar
Practice notes

Surrender by operation of law

Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
Read More >
1st Mar
Practice notes

What happens to an underlease on termination of the lease?

What happens to an underlease on termination of the lease?The general common law principle is that when a lease comes to an end any underlease...
Read More >
1st Mar
Practice notes

Estoppel and property law

Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
Read More >
2nd Mar
Practice notes

Release from landlord's covenants—LT(C)A 1995

Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
Read More >
2nd Mar
Q&As

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...
Read More >
Produced in partnership with Kevin Leigh of No 5 Chambers
2nd Mar
Practice notes

Breach of Missives—remedies in Scotland

Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
Read More >
Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP
1st Mar
tag iconScottish Law
Q&As

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
28th Mar
Q&As

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in...
Read More >
Produced in partnership with Christopher Snell of New Square Chambers
28th Mar

Popular documents

A landlord has a right of access to carry out works on failure of a tenant to comply with a notice to

A landlord has a right of access to carry out works on failure of a tenant to comply with a notice to repair pursuant to a Jervis v Harris clause. If the tenant does not carry out the works, does the landlord have an automatic right to enter the premises to carry out the works or must it obtain the

Dilapidations claims at the end of the term

Dilapidations claims at the end of the termOnce a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy and the amount recoverable is governed by:•common law principles for the assessment of damages for breach

Defective Premises Act—landlords' liability

Defective Premises Act—landlords' liabilityA landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the Defective Premises Act 1972 (DPA 1972), where the lease imposes repairing obligations on the landlord, they

In terms of housing disrepair, what constitutes disrepair? Is a landlord required to carry out remedial

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