Tenant Certificate Project

Question 1

What was the tenant certificate project?

Answer 1

A project whereby my client sought compliance with a tenants contractual and statutory obligations in relation to health and safety.

Question 2

What certificates did you obtain?

Answer 2

1. EICR as per the Health and Safety at Work Act 1974 and Electricity at Work Regulations 1999
2. Gas safety under Health and Safety at Work Act 1974 and Gas Safety (Installation and Use) Regulations 1998
3. Risk assessments under Regulatory Reform (Fire Safety) Order 2005
4. Public liability certificates
5. Asbestos management plan under the Control of Asbestos Regulations 2012

Question 3

How often are you required to undertake a gas safety test?

Answer 3

Annually

Question 4

How often are you required to undertake an EICR

Answer 4

Every 3-5 years (depending on the use of the building) or on change of occupation.

Question 5

How did you ensure compliance with the tenants statutory obligations?

Answer 5

1. Requested certificates

2. Ensured the certificates were satisfactory and in date

Question 6

What other remedies were available to you under the lease?

Answer 6

Forfeiture

Question 7

Why did you use the Jervis vs Harris clause rather than forfeiture?

Answer 7

1. My client did not want the bad press and forfeiture would have affected my client’s income stream.
2. It also meant my client could bypass legislation such as the S18 of the Landlord and Tenant Act 1927 where a claim for dilapidations after forfeiture would have been capped to the diminution in value.

Question 8

What was the notice period in the notice of repair?

Answer 8

3 months

Question 9

Can you waive your right to forfeit if you rely on a Jervis vs Harris clause?

Answer 9

No because it is continuing breach and a new breach happens every day.

Question 10

What was included in the notice to repair?

Answer 10

1. Details of the Breach

2. Time limit to respond

Question 11

Did you specify a remedy?

Answer 11

No because as doing so would invalidate the notice because there can be more than one way to remedy a breach.

Question 12

If you decided to use forfeiture, could the tenant claim the benefit of the Leasehold Property (Repairs) Act 1938?

Answer 12

The landlord could have asked the court to proceed with forfeiture on the basis the works were required to be done by law.