Case Study: Laura Walton
Landlord and Tenant disputes are commonplace, and it is clear to see why. Some (not all) Landlords will shy away from their responsibilities under a lease because it keeps costs down and some tenants aren’t always able to understand the landlords and their own obligations under the lease they are party to.
A recent High Court decision (HHJ Davies) held that a landlord was in breach of its repairing covenant, and the tenant was entitled to specific performance to compel the landlord to replace defective glazing panels at Manchester’s 47 storey Beetham Tower.
The cost of litigation is expensive and can continue for months, if not years. This is often off-putting for tenants when they think their landlord is in the wrong but may not necessarily be able to afford to correct them.
In the first instance, it is best to approach your landlord to discuss your concerns. However, if you think the lease affirms your right to a remedy, or you aren’t entirely sure what the lease says (as all leases are different) – you may wish to have a no-obligation chat with one of our Solicitors within the Commercial Litigation and Dispute Resolution Team.
Our Team is experienced in dealing with both residential and commercial landlord & tenant disputes and are often instructed in relation to defective premises and remedies.
A claim for specific performance is possible if the tenant can establish that the onus rests with the landlord to remedy certain defects within the building. If the lease is ambiguous or open to interpretation, it may not be straightforward but our Team can provide you with an assessment of your prospects on a fixed fee basis, this removing the risk of escalating costs from the outset.
WHAT TO DO NEXT
If you require any legal advice or guidance – please contact Adam Robins or Laura Walton in our Litigation & Dispute Resolution Department, on 0113 200 9720. Get in touch today for a FREE initial consultation, or contact us online here to discuss how we can help you.
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