If a tennant (with a commercial lease) undertakes work that is the responsibility of the Landlord after giving the landlord fair opportunity to do the work.The tennant then offsets the costs of the work against the rent. Thereby being in 'breach of contract'.Would the tennant be able to claim the 'breach of contract' was necessary to enable the staff of the tennant to be safeguarded from toxic contamination through the water supply.
Province/Country relating to question : England
If the reason you carried out the work you have stated is agreed by the court, then even though technically you would be in breach of contract, I do not think the court would order any damages to the Landlord as he would not have suffered any loss.
LLB PgDip Solicitor
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