ABSTRACT

This chapter examines the many remedies which a tenant has at his disposal for breach of his landlord's repairing or maintenance obligations. The tenant may remain in occupation despite the breaches. He may recover, as special damages for breach of the landlord's repairing covenants, his costs reasonably incurred in renting temporary alternative accommodation, if necessitated by the want of repair of the demised premises, during the period the breach of covenant continues. A tenant whose landlord is in breach of his covenant to repair may resort to common law and equity self-help remedies to reimburse himself for the actual or notional cost of remedial work. The court has an equitable jurisdiction to award specific performance of the landlord's repairing covenants. The landlord may be entitled under the lease to reimburse himself for his costs by means of service charge clauses. Service charge issues need to be considered in the light of far-reaching rulings of the House of Lords.