Insights

Industry comment, updates and news from the Websters team.

Repair or replace? Sometimes it’s the landlord’s decision

Monday, October 16th, 2017 in Commercial, Landlord, Managing Agent, Residential, Service Charge

One of the main issues faced by landlords making a repair or replace decision concerns the recovery of such costs through the service charge.

In a recent article Zara Saunders of Shoosmiths comments that Service charge recovery can be a matter fraught with difficulty, even in the sphere of commercial property where no statutory limitation applies. Property owners may only recover costs to the extent permitted by a lease and issues frequently arise regarding whether an item of expenditure is one of repair or improvement and to what extent recovery might be permissible. Tenants will generally expect to pay the cost of repairs but not improvements.

Read the full article here.

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