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Obligation to repair

This content applies to England

Circumstances in which a landlord will be obliged to carry out repairs or provide services, including where tenants have not paid service charges.

It has been established in the courts that the landlord is still obliged to carry out repairs or provide services even where the tenants have not paid their service charges. This will still be the case when the lease specifies that the landlord's duty does not arise until the tenants have paid.[1]

In certain cases the landlord may be required to act by a court order for specific performance and/or damages, and other remedies may be available.

See the section on Disrepair for further information.

The information on this page applies only to England. Go to Shelter Cymru for information relating to Wales.

[1] Yorkbrook Investment Ltd v Batten (1985) 18 HLR 25, but this decision was questioned in dicta in the Court of Appeal's decision in Bluestorm Ltd v Portvale Holdings plc [2004] EWCA Civ 289.

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