Latest News

Failure to Enforce Right Leads to its Loss Failure to Enforce Right Leads to its Loss
It's Good to Talk It's Good to Talk
Correct Procedure Means No Human Rights Act Claim Correct Procedure Means No Human Rights Act Claim
Planning Change Affects Private Landlords Planning Change Affects Private Landlords
Village Green Decision Supplies Blueprint for Stymieing Development Village Green Decision Supplies Blueprint for Stymieing Development
Whole Agreement Clause Determines Payment Schedule Whole Agreement Clause Determines Payment Schedule
Use of Premises Makes Rent an Administration Expense Use of Premises Makes Rent an Administration Expense
Buyers Who Won't Buy - What to Do? Buyers Who Won't Buy - What to Do?
Landlord's Intention Must Be Long Term Landlord's Intention Must Be Long Term
Share Manoeuvres Cause Lease Breach Share Manoeuvres Cause Lease Breach

Landlord's Repairs and Loss of Trade

One of the continuing sources of friction between landlords and tenants is the maintenance of buildings. Normally, the arguments are over inadequate maintenance, but a recent case dealt with problems which arose when a landlord repaired a building occupied by a tenant who ran a restaurant.

The problem for the restaurateur was that the landlord had, for a period lasting several months, erected scaffolding with protective sheeting around the building while maintenance work was being carried out. This had a serious impact on the tenant's business and the tenant made a claim for loss of profits due to the alleged failure of the landlord to take 'all reasonable precautions' to ensure that the tenant's right to 'quiet occupation' was not breached.

After long argument and three court cases, the landlord won on the basis that he had taken all reasonable precautions to minimise the disturbance to his tenant. Taking all possible precautions was not necessary - the landlord had the right to repair the building even if this meant the tenant's 'quiet enjoyment' had been breached.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.