Kent Solicitors

Often leases, commercial ones especially, say that Landlord have a duty to repair structure but only after Tenant has notified L of any disrepair. Sometimes, lease provide that T"s liability service charge is capped for a certain period

In a recent case, L knew roof needed repair and told T when he was going to do work. It was within the period of the cap. Subsequently, L decided to do the work after the end of that period

T sued. L said: You did not notify me that premises needed repair. I am doing works outside that period. Your service contributions are not capped

Court said: L did not need to be told, he knew and had waived provision for notice. L had delayed works unreasonably. No explanation for delay. We will assume it was simply to get around cap. T wins

Labels: Commercial lease disrepair service charge cap