Commercial Property Dilapidations; During the Term Claim

Where a claim for dilapidation is made during the term, the remedies available to the landlord are;

• Damages
• Forfeiture
• Specific Performance
• Entry and repair under a Jervis V Harris Clause
• Specific Performance

A claim for damages during the term may not be the most appropriate remedy as the claim can be limited by the Leasehold Property Repairs Act 1938 and the common law measure of damages.

Often one of the other remedies will be more appropriate. Where a tenant is in breach of their repair and maintenance obligations a landlord may consider forfeiting the lease. In the case of disrepair, the landlord may exercise their right to forfeit, they will need to serve a section 146 notice on the tenant.

If the tenant fails to remedy the breach the landlord can then consider forfeiting the lease.

A Jervis v Harris clause allows a landlord the right to exercise the right to undertake the works to the property themselves and recoup the costs from the tenant. This remedy is only available where the lease expressly grants this right.

The remedy of specific performance is where the landlord seeks an order from the court requiring the tenant to do the works in compliance with their repairing obligation.