Jervis vs Harris Clause

Question 1

What is a Jervis vs Harris clause?

Answer 1

A self help remedy available in the lease where the landlord is entitled to exercise a right of re-entry and then undertake the repair work and recover the costs from the tenant.

Question 2

What 4 rights does a Jervis vs Harris clause give?

Answer 2

1. Right to enter and inspect the condition
2. Serve notice on the tenant requiring them to undertake repair work
3. If the tenant does not undertake the work, the LL will have a right to enter and undertake the work stipulated in the notice.
4. Recover the costs from the tenant as a debt.

Question 3

What are the advantages of a Jervis vs Harris clause?

Answer 3

1. No need for a S146 notice
2. Bypass legislation where the tenant could claim the benefit of the Leasehold Property Repairs Act 1938 and also the cap on a claim to the diminution in value under Landlord and Tenant Act 1927.
3. Works controlled by the landlord

Question 4

What are the disadvantages of a Jervis vs Harris clause?

Answer 4

1. Landlord has to spend the money first and then pursue the tenant for the debt
2. Risk for a claim of trespass if the conditions of re-entry has not been complied with

Question 5

When could a landlord be considering trespassing?

Answer 5

If they have served an invalid notice. i.e. exaggerated the item in disrepair or misinterpreted the repair covenant.

Question 6

What should a landlord do prior to exercising their right to re-enter and undertake the work themselves?

Answer 6

Serve notice on the tenant, specifying

1. The breaches
2. Timeframe to put it right

Question 7

Should a landlord specifying the remedy within the notice?

Answer 7

No because there can be more than one way to remedy a breach and specifying a remedy may invalidate the notice.