Breach of repair covenant

Question 1

What must a landlord serve to initiate forfeiture for breach of a repair covenant?

Answer 1

s146 notice of intention to forfeit detailing remedy and giving the tenant reasonable time to remedy the breach

Question 2

What can the tenant do after receiving a s146 notice for breach of a repair covenant, and what conditions must be met?

Answer 2

Tenant has 28 days to serve a counter-notice under LPRA but only if the lease is for 7+ years and has at least 3 yrs left

Question 3

What must a landlord obtain before proceeding with forfeiture under LPRA39?

Answer 3

Leave from court

This requirement adds a layer of protection for tenants against arbitrary forfeiture.

Question 4

Can a landlord issue proceedings for damages for a repairing obligation without serving a section 146 notice?

Answer 4

No

Question 5

What is the measure of damages for a landlord regarding a repairing obligation?

Answer 5

Loss to landlord’s reversion, not the cost of putting the premises into full repair

Question 6

Is Specific Performance frequently granted in landlord-tenant disputes?

Answer 6

Rarely granted

Question 7

What is the Jervis v Harris Clause?

Answer 7

A clause that gives the landlord the right to enter property, carry out repairs, and recover costs from the tenant

This clause is a common feature in commercial leases, benefiting landlords significantly.

Question 8

What is the advantage of the Jervis v Harris Clause for landlords?

Answer 8

No need for notice and no opportunity for counter-notice

Question 9

How are costs incurred by landlords under the Jervis v Harris Clause treated?

Answer 9

As a debt to landlord that can be recovered in full