Remedies

At or near the end of the lease

If a landlord waits until the end of the term before taking action, it will have no choice but to pursue a claim for damages. Therefore, landlords are best advised to plan ahead so that the other remedies remain open to them, particularly if the landlord would prefer the tenant to carry out the work required.

Damages can be defined as the sum of money that would put the landlord in the position it would have been in if the tenant had complied with the covenants completely.

Surveyors dealing with a claim at the end of the term should also ensure that they conform to the Dilapidations Protocol. The 7th edition of the RICS Dilapidations guidance note also reflects the Dilapidations Protocol’s formal adoption. The Dilapidations Protocol and the CPR are discussed more fully in Civil Procedure Rules and the Dilapidations Protocol.

During the lease

The landlord’s choice of principal remedies up until the end of the lease are:

• damages;
• forfeiture;
• landlord entering, carrying out the works and claiming costs from the tenant (usually referred to by reference to a case in which the remedy was considered - Jervis v Harris);
• specific performance.

Some of the remedies listed under Tenant’s remedies might also be available to a landlord against a tenant, but they are rarely exercised and, in relation to a landlord’s remedies, this section is focused on those that are most frequently used.

Although the Protocol does not apply to interim claims, practitioners should be aware that the CPR Practice Direction - Pre-action Conduct is likely to apply to such claims.