Landlord & Tenant
The landlord & tenant laws are both complex and diverse with obligations being placed upon the landlord & tenant in respect of the use of a building, repairing, and maintenance obligations. There are two Primary types of tenancy (i)residential and (ii) commercial.
A standard residential tenancy normally comprises of an Assured Short Hold Tenancy of either 6 or 12 months duration.
There is an implied requirement that the tenant will not abuse or misuse the property, similarly the landlords are required to keep certain areas of the demised property and common areas in good repair.
The relevant statutory acts applicable in this complex area of property law are:
- The Landlord & Tenant Act 1985
- The Gas Safety (Legislation and Use) Regulations 1998
- The Housing Act 1985
- The Environmental Protection Act 1990
- Defective Premises Act 1972
All of the above statutory acts impose obligations upon both the landlord and the tenant. The APA team have a the necesscary experience and training to advise both the landlord & tenant on their respective legal obligations.
Commercial and industrial tenancies are more complicated area of law, each lease will vary significantly.
The following lstatutory legislation apply to commercial lease
- Landlord & Tenant Act 1927
- Law Property Act 1925
- The Leasehold Property (Repairs) Act 1938
The above statutes clearly identify the duties and the procedures necessary to ensure properties are maintained in accordance with the covenants of the lease and where there is a breach, the correct procedures hat each party must adobt to have the breach rectified. The lifespan of a commercial lease will vary greatly and in some instances can be up to 999 years. However, the more common appears to be 5-10 or 25 years therefore it is in the best interests of both the landlord and the tenant ensure that the property is maintained to protect the financial investment of both parties.
Understanding the obligations imposed upon a tenant is extremely important especially when the lease is a full repair and insuring (FRI). When a commercial lease terminates the landlord will commission a schedule of dilapidations. APA Property Services ltd are experienced in the preparation and negotiation of schedules of dilapidations for both tenants and landlords. The schedule is prepared at the termination of a lease (subject to agreement) or shortly prior to the expiry of the term to allow the tenant to rectify any defects. The law of dilapidations involves knowledge of both construction technology and landlord & tenant law to ensure the document properly reflects the legal obligations of the tenants and landlord. an incorrectly prepared document may, should the matter proceed through the Courts be rejected and therefore substantial abortive costs incurred by the respective parties. APA Property Services ltd experience in dealing with the negotiation of commercial dilapidations ensures that their clients receive the correctadvice and protection.