Published: 19/12/2024
If a tenant in the UK fails to maintain a commercial property, they’re typically in breach of their lease agreement. Here’s a detailed breakdown of what usually happens:1. Landlord Notification:
The landlord will usually notify the tenant of any maintenance issues, often sending a written notice detailing what needs to be fixed and within what timeframe. This gives the tenant an opportunity to address the issue.
2. Tenant’s Opportunity to Fix:
The tenant is generally given a specific period to carry out repairs themselves. If the tenant complies and makes the necessary repairs, the matter is usually resolved.
3. Landlord’s Next Steps:
If the tenant doesn’t make the repairs within the agreed time, the landlord may step in to carry out the necessary work. This is known as "self-help," and the tenant will likely be billed for the repair costs.
Alternatively, the landlord may take legal action to enforce the lease terms or seek damages.
4. Dilapidations Claim:
If the issue is not addressed by the end of the lease, the landlord can file a dilapidations claim. This legal process requires the tenant to pay for repairs needed to return the property to its original condition, as specified in the lease.
5. Worst-Case Scenario (Forfeiture):
In extreme cases, if the tenant continuously fails to meet their obligations, the landlord may seek to terminate the lease (forfeiture), which typically involves court proceedings.
To avoid these complications, tenants should regularly inspect and maintain the property as required by their lease to ensure they don’t face costly consequences.
