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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Landlord and tenant private property. Breaches ofl ease established

Resolved Question:

Landlord and tenant private property.
Breaches ofl ease established -section 146 Notice served indicating remedial work to be undertaken to remedy breach.

Breach consisted of internal alterations which were of sub standard workmanship as result of which landlord would wish to undertake the work and charge tenant.

Tenant says that as Section 146 notice requires him to do the work he would wish to do it through his own contratcors.

Please advise whether landlord can undertake work and charge tenant or whether tenant is entitled to do work himself qua his contratcors
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What does the lease say about such works? It would usually state that the landlord would serve notice upon the tenant requiring works to be done and if not done by the tenant within a certain period of time then the landlord would be entitled to carry out such works themselves

Kind regards.

Tom

Customer: replied 2 years ago.

Hi Tom

 

The lease states:

 

" AND if the tenant shall not within 21 days after such Notice (or immediately in case of emergency) commence and proceed diligently with the execution of such repairs and works and the performance of such acts as aforesaid and complete the same within 3 calendar months after such Notice it shall be lawful for the landlord and its contractors gents and workmen(but without prejudice to the right of re entry hereinafter referred to ) to enter the demised premises and execute all such repairs and works and to do such acts or may be necessary to comply with the said Notice and the cost thereof shall be a debt due from the tenant to the landlord and shall be recoverable as rent in arrear"

 

In fact the time specified was varied in the Notice so as to give a more reasonable time for the works to be executed.

 

In the event notwithstanding the establishment of the breach by the tribunal and the submissions of the tenant being rejected the tenant is now contesting the breach itself ie that the unlawful alterations which are mainfest in fact constitute betterment - this is denied by the land lord

 

The landlord requires the remedial work to be undertaken nevertheless.

 

Does the conduct of the tenant now constitute a breach of the Notice entitling the landlord to re enter and do the works?.

 

Apologies for the apparent misprinting of the Lease but my copy margins may have excluded certain words - but the main meaning is there.

 

regards

 

Bill Caselton

 

 

The landlord re

Expert:  Thomas replied 2 years ago.
Hi Bill,

So one notice has been served which requires the tenant to carry out works. The tenant is within the time limits for carrying out the works to remedy the breach. Correct?

Tom
Customer: replied 2 years ago.

Hi Tom

 

One Notice has been served .Tenant currently within time but in danger of running out whilst he now contests the work required

 

kind regards

 

Bill

Expert:  Thomas replied 2 years ago.
Hi Bill,


Thanks for your reply.

If the tenant is within the time limits then you have to afford them the right to remedy the breach until those time limits run out.

Once the time limits run out ie. three months under the clause or longer if specified as longer in the notice) then you will be able to enter the property and instruct your contractors to carry out the necessary remedial works. Obviously you can then recover the cost of this from the tenant, but until this time you have to allow the tenant to remedy the breach using his contractors if this is what he is doing.

Were you to jump in and do the works before the time limit then you would in effect be breaching the lease yourself by not adhering the procedure laid out in the clause . This would complicate matters even further.

If they dispute that a breach has even occurred then you need to refer to the “alterations” clause in the lease to ensure that the tenant is appropriately restricted from the alterations that have carried out and is therefore in breach of the lease.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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