ABSTRACT

This chapter reviews the scope of the landlord's remedies for tenants' breaches of repairing obligation and some problems connected with them. At common law, where the landlord brought an action for damages at the end of the term for breaches of a lessee's covenant to repair, the lessee had to pay for the reasonable and proper cost of putting the premises into repair so as literally to comply with the repairing covenant, as originally contemplated at the date of the lease. Section 18(1) may, however, deprive landlords of damages where premises are occupied by business tenants protected by Part II of the Landlord and Tenant Act 1954 and entitled to new tenancies. The relevant date for intended demolition or structural alterations is the date of the termination of the lease, and any subsequent change of mind by the landlord is not relevant in assessing his intention.