Building maintenance is a continuing source of friction between commercial landlords and tenants. Frettens Solicitors act for many commercial landlords and tenants on litigious and contractual issues and they find that arguments frequently arise over inadequate maintenance.
However, a recent case highlighted problems which arose when a landlord repaired a building occupied by a tenant who ran a restaurant. For a period lasting several months the landlord had erected scaffolding with protective sheeting around the building while maintenance work was carried out.
This had a serious impact on the tenant's business and he made a claim for loss of profits. The tenant alleged failure of the landlord to take "all reasonable precautions" to ensure that the tenant's right to "quiet occupation" was not breached.
After long argument and three court cases, the landlord won on the basis that he had taken all reasonable precautions to minimise the disturbance to his tenant.
Litigation Associate and Landlord and Tenant specialist at Frettens Solicitors, Michelle Hayter, commented “In this case, the courts judged that taking all possible precautions was not necessary - the landlord had the right to repair the building even if this meant the tenant's "quiet enjoyment" was breached. Landlords and tenants need to be aware of their rights in regards to repairs on premises.”
Frettens Solicitors are skilled at dealing with both contentious and non contentious aspects of landlord and tenant law in commercial and residential spheres. Contact Michelle Hayter on 01202 499255 for more information.