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Residential Tenancy

The Landlord & Tenant laws are both complex and diverse with obligations being placed upon the Landlord and Tenant in respect of the use of a building and the repairing and maintenance obligations of each party.

There is an implied requirement that the tenant will not abuse or misuse the property, similarly the Landlord’s are required to keep certain areas of the demised property and common areas in good repair.

The relevant acts applicable in this complex area of property law are.

1. The Landlord & Tenant Act 1985
2. The Gas Safety (Legislation and Use) Regulations 1998
3. The Housing Act 1985
4. The Environmental Protection Act 1990
5. Defective Premises Act 1972

All of the above statutory acts impose obligations upon both the Landlord and the Tenant and a detailed knowledge of these Acts allow APA to provide the most appropriate advice to both the Landlord & Tenant, when a dispute or a problem has occurred.

Commercial Tenancy

The field of commercial tenancy is as complex if not more so than residential Landlord and Tenants law. Commercial and industrial tenancies are more onerous than residential lease because the lease will vary significantly.

In order to deal with these the following statutes are some of the most important that apply to commercial tenancy.

Law Property Act 1925
The Leasehold Property (Repairs) Act 1938

To ensure both the Landlord and Tenants are protected during the term (Tenancy) and are not exploited or abused. The above statutes clearly state 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 to rectify the breach.

The lifespan of a commercial lease will vary greatly and in some instances can be up to 999 years, therefore in these instances it is in the best interests of both the Landlord and the Tenant to ensure that the property is maintained to protect the financial investment of both parties.

APA Property Services are experienced in the preparation and negotiation of schedule of dilapidations. These documents often prepared at the termination of a lease or shortly prior to list defects which are required to be rectified by the departing tenants in accordance with the lease. The law of dilapidations requires professional advice of both construction technology and Landlord and tenant law to ensure the document is accurate, any document incorrectly prepared may, should the matter proceed through the Courts be rejected and therefore substantial abortive costs incurred by the respective parties. APA’s extensive experience in dealing with negotiations of commercial leases ensures that their client whether it be a Landlord or Tenant is afforded the correct protection within relevant statutory law.

If you would like to know more and how we can help please contact us without obligation on 0870 240 1138 or via our online form by clicking here

Here are photo's of actual housing disrepair identified by APA.
(Click the image to enlarge)