Interim dilapidations

Abstract

This paper examines the issues associated with taking action against a tenant for failure to comply with covenants relating to the physical condition of leased property. It will cover the options available to a landlord, including forfeiture and re-entering and undertaking works (Jervis v Harris). It is almost impossible for a tenant to be fully compliant throughout their entire lease term. Commercial leases in the UK are a unique form of contract in that regard. The lease is almost always in breach; it is just a question of whether the conditions are suitable to enforce the breaches. With this backdrop the paper will explore the following: why tenants fail to maintain buildings properly; why landlords make claims during the lease; which covenants can be enforced; and ways of enforcing a breach of covenant. It ends with suggesting some practical steps and likely future initiatives.