What damages are recoverable under the Landlord and Tenant Act 1927?

December 30 , 2010
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December 30 , 2010

What damages are recoverable under the Landlord and Tenant Act 1927?

Under section 18 of the Landlord and Tenant Act 1927 there is a ceiling on the amount of damages recoverable by landlords against their tenants for disrepair on all covenants to put, keep or leave in repair.

Under the Landlord and Tenant Act 1927, whether the action is commenced during the term or at the end of the term, landlords cannot recover more than the amount of the diminution in value of the reversion.

Further, section 18(1) of the Landlord and Tenant Act 1927 states that no damages are recoverable for failure to put or leave premises in repair at the termination of the lease if it is shown that the premises are at (or shortly will be) demolished so as to render the repairs worthless. The precise term used in the Landlord and Tenant Act 1927 is ‘valueless’.

The burden of proof under the Landlord and Tenant Act 1927 is on the tenant.

This section of the Landlord and Tenant Act 1927 is relevant to dilapidations claims usually brought by landlords on termination of commercial leases. We can advise you on all aspects of the Landlord and Tenant Act 1927, whether you are a landlord or tenant.

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