Repairing Clauses in Commercial Leases: The Hidden Cost That Can Catch Tenants Out

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When businesses take on new premises, most of the focus naturally falls on the headline terms — the rent, the location, and the length of the lease. Whilst these are very important considerations, the repairing clause contained within a lease can have financial implications which go well beyond the annual rent payable.

For that reason, it is important that you seek legal advice as early as possible so that you can fully understand your repairing obligations and put in hand arrangements which will strike a fairer balance between Landlord and Tenant ensuring that the Tenant is only responsible for maintenance and repair which arises during the lease term and avoids the need to contribute towards improvements or remedying pre-existing defects.

What Is a Repairing Clause (and Why Should You Care)?

A repairing clause sets out who is responsible for maintaining the property during the lease term. In many commercial leases, that responsibility sits with the tenant.

At first glance, this might seem straightforward. Keeping the premises tidy and fixing the odd issue is to be expected. However, the wording used in commercial leases can go much further than simple day-to-day upkeep.

In some cases, tenants are required not only to maintain the property, but to put it into good repair — even if parts of it were already worn or damaged when they moved in.

“Full Repairing” Leases – More Than Just Maintenance

Many commercial leases are granted on a “full repairing” basis. This can place a wide obligation on the tenant to keep the property in good condition throughout the term.

This obligation might mean fixing issues that were there before the lease began. For example, if the roof, windows, or internal fixtures were already showing signs of age, a broadly worded repairing clause could mean the tenant becomes responsible for putting them right.

This is why it’s so important to fully understand the extent of the commitment before signing and to discuss the mechanisms that can be put in place to help manage the repairing liability.

Why the Starting Condition Matters

One of the most sensible steps a tenant can take is to consider the condition of the property at the start of the lease.

If a tenant agrees to keep the premises in good repair without any limits, they may be expected to hand it back in better condition than when they took it on. In older buildings especially, this can lead to unexpected costs over time.

Making sure the lease fairly reflects the state of the property at the outset can help avoid disputes later on.

The End of the Lease – Dilapidations

Repairing obligations don’t just matter during the lease — they often come into sharp focus when the term comes to an end.

Landlords will usually inspect the property and may produce a schedule of dilapidations, setting out any repairs they believe the tenant should have carried out. If the property hasn’t been maintained in line with the lease, the tenant may be asked to complete works or make a financial payment instead.

These claims can come as an unwelcome surprise if the obligations weren’t fully understood at the start.

How can we help you?

At Adams Harrison, we have experience in dealing with commercial leases. We are well placed to advise you on the implications of a repairing clause and the steps that you can take to minimise your liability. If you are in the process of negotiating a commercial lease or have concerns about the repairing obligations, contact our commercial property team to discuss your situation.

The Renters Rights Act

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Explained – Information Sheet

From 1 May 2026, important transitional rules come into effect for landlords in England as part of the Renters’ Rights Act. If you have an existing assured shorthold tenancy (AST) that is wholly or partly in writing and was signed before 1 May 2026, you must provide your tenants with the government‑produced Information Sheet no later than 31 May 2026.

This Information Sheet explains how each tenancy will be affected as the Act ushers in wide-ranging reforms to the rental sector.

Which Tenancies Are Affected?

✔️ Existing ASTs signed by all parties before 1 May 2026

❌ New tenancies starting on or after 1 May 2026 — these will automatically fall under the new assured periodic tenancy (APT) regime instead

New APTs will also need to include mandatory terms known as the Written Statement of Terms.

Penalties for Non-Compliance

Failing to give tenants the required Information Sheet can result in a civil penalty of up to £7,000.

Where to Access the Information Sheet

The official Information Sheet is available to download from the government website

( Gov.uk Renters Rights Act Information Sheet 2026 ) , and guidance confirms that landlords do not need to wait until 1 May to serve it. Acting early can help ensure a smooth transition before the new rules take effect.

Free Resource – As a landlord, to help you prepare for these changes our Property Litigation Team have produced a checklist. Consider this checklist to help ensure that your existing tenancies transition under the new rules and for you to be prepared when entering into new tenancies under the new Act. Click on the link below to download a pdf copy of the checklist.

Renters Rights Act – Compliance checklist for Landlords

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

 

The Renters Rights Act

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Explained – Assured Periodic Tenancy (APT)

We are fast approaching the 1st May 2026 being the date that many of the new tenancy reforms in the Renters Rights Act come into force.  Yet there remains confusion about the transition of existing Assured Shorthold Tenancies and what will happen to these after the 1st May.  This blog briefly explains the new default tenancy known as Assured Periodic Tenancy or APT that will come into force.

All existing Assured Shorthold Tenancies as of the 1st May will automatically convert into APTs and continue as the same tenancy.  There is no need to enter into new agreements or vary the terms of existing agreements.  If you already have a written agreement, then all you need to do is issue the government information sheet to your tenant by the 31st May (this will be published next month so watch this space).  Failure to do this could result in a civil penalty of up to £7,000.  Any clause in your current tenancy regarding set end dates will be overwritten by the Renters Rights Act and tenancies will continue on a rolling basis meaning no end term and allowing tenants to give two months’ notice.

All new tenancies entered into from 1st May will now be APTs.  Due to the number of changes and civil penalties introduced by the Renters Rights Act it is important that Landlords do not use old agreements or DIY agreements for new tenancies.  For example, if you enter into a new tenancy after the 1st May and the agreement purports to let for a fixed term a landlord faces a civil penalty of up to £7,000 for a first offence.  Repeated or serious breaches can lead to penalties up to £40,000 or a criminal prosecution.

Free Resource – As a landlord, to help you prepare for these changes our Property Litigation Team have produced a checklist.  Consider this checklist to help ensure that your existing tenancies transition under the new rules and for you to be prepared when entering into new tenancies under the new Act. Click on the link below to download a pdf copy of the checklist.

Renters Rights Act – Compliance checklist for Landlords

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

EMPLOYMENT LAW CHANGES

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DAY ONE RIGHTS FOR:

  • PARENTAL LEAVE
  • PATERNITY LEAVE

FROM APRIL 2026

Section 15 of the new Employment Rights Act 2025 removes the one-year qualifying period for unpaid parental leave, extending it to all employees as a day-one right. Section 16 similarly eliminates the 26-week qualifying period for paternity leave. However, the statutory paternity pay requirements remain unchanged with their existing conditions including a 26-week qualifying period of employment.

The government estimates the changes will enable an additional 32,000 fathers to access paternity leave, while approximately 1.5 million working parents will gain access to parental leave arrangements, providing greater flexibility for childcare responsibilities.

The Employment Rights Act 2025 is on its way!

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We have previously been reporting on the Employment Rights Bill.

Well, it received Royal Assent on 18th December 2025.  There is a roadmap for when each of the changes will come into effect.  The Government has promised to give employers, employees and workers time to prepare for the various changes.

Some changes will take effect two months after Royal Assent.  Other, more significant employment law changes will come into force from April 2026, to include:-

Paternity Leave – there will no longer be the requirement for a qualifying period of employment before becoming eligible to paternity leave.

Statutory Sick Pay – removal of the waiting period and lower earnings limit.

Sexual Harassment protected disclosures – reporting sexual harassment to have the protection of “whistleblowing”.

Fair Work Agency – agency due to be established from April 2026 to take legal action on behalf of workers/employees against organisations with enforcement powers.

It has been announced that the significant change to a six month unfair dismissal qualifying period (from the current position of requiring two years employment ) will take effect on 1st January 2027.

For advice and representation on all your employment law needs please contact us.

The Renters Rights Act

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As we end this year the first implementation phase of the Renters Rights Act starts on the 27th December 2025, two months after the Act received Royal Assent.  See our previous blog of 14th November where you can access the implementation roadmap that has been published.

May 2026 is the date that the new tenancy reforms in the Renters Rights Act come into force.  As a landlord, to help you prepare for these changes in the new year our Property Litigation Team have produced a checklist.  Consider this checklist to help ensure that your existing tenancies transition under the new rules and for you to be prepared when entering into new tenancies under the new Act. Click on the link below to download a pdf copy of the checklist.

Renters Rights Act – Compliance checklist for Landlords

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

Contentious Probate Claims – we can help

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Acting as executor to an estate can be a minefield at the best of times. It is a huge responsibility. But if there is any legal claim against the estate then this becomes particularly problematic for those that are the executors. This is where our Dispute Resolution Department can advise, assist and represent the Executor(s) to guide them through this difficult time.

What sort of claims can arise?

Executors may need to:

• Defend a claim brought against the estate regarding disputes about ownership, alleged monies/debts owed by the deceased or a claim for reasonable financial provision under the Inheritance (Provision for Family & Dependants) Act 1975.
• Pursue a claim on behalf of the estate to recover loans or set aside property transfers made under duress during the deceased’s lifetime.
• Respond to allegations of fraud, undue influence or maladministration of the estate
• Defend or explain the validity of a Will.

We can provide essential legal advice and representation in these circumstances.

Executors must always act in the best interests of the estate and beneficiaries so taking independent legal advice before pursuing risky litigation is essential. It may be necessary to make an application to the Court for guidance and permission on the best way forward in relation to the administration of an estate where there is a dispute or claim. This is called a Beddoe application under part 64 of the Civil Procedure Rules – so called after the legal case of Re Beddoe [1892] that stated an executor who:

“without the sanction of the court, commences an action or defends an action unsuccessfully does so at his own risk as regards the costs, even if he acts on counsel’s opinion”

As an Executor do not take the risks alone – instruct us to advise and represent you and if necessary to make a Beddoe application on your behalf to ensure that you do not have personally liability for your actions as Executor.

DAY ONE EMPLOYMENT RIGHTS BEEN ABANDONED

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We have previously reported that the Employment Rights Bill would give all employees day one employment rights to not be unfairly dismissed.  Currently in most circumstances it is necessary to have two years complete and continuous service with an employer to be eligible to claim unfair dismissal.

In order to get the Employment Rights Bill through to Royal Assent the Government has decided to proceed with what it has described as a “compromise” whereby the current two year qualifying period will be reduced to six months.  There will still be situations where no qualifying period is required at all, for example automatically unfair dismissals.

It has also been reported that the compensatory award cap (currently a year’s gross salary or £118,223, which ever is lower) is to be “lifted”.  It is unclear whether this means increased or removed entirely.  Therefore, further information is awaited.

Follow us for further updates.  Contact us for all employment law advice and representation.

Legal Update – The Renters Rights Act

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It has now been announced that the Renters Rights Act will have a commencement date on the 1 May 2026.

What does this mean?

From the 1st May 2026 the tenancy reforms in Chapter 1 of Part 1 of the Renters’ Rights Act will come into effect which means existing and new tenancies will come under the new rules meaning an end to fixed term tenancies.

All Assured Shorthold Tenancies will become Assured Periodic Tenancies. Any fixed terms will become periodic and no further fixed terms tenancies will be able to be granted.

The government have introduced an Implementation Roadmap which provides an overview of the implementation plans for the coming years. It includes detail on how they will phase the reforms and when they will come into force.

Implementing the Renters’ Rights Act 2025: Our roadmap for reforming the Private Rented Sector – GOV.UK

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

50 years of The Inheritance (Provision for Family and Dependents) Act 1975

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For half a century this legislation has now been in place enabling many individuals to challenge a Will or the intestacy rules and bring claims against an estate (the money, property and assets left when someone dies).

What does the Act say?

The Act enables certain eligible persons to bring a claim under the Act for “reasonable financial provision” if they are disappointed by the terms of a Will or how the intestacy rules will be applied in their circumstances.

The Act limits the type of individuals that can bring a claim.  But the Act has evolved over the years to adapt to modern society and therefore the inclusion of cohabiting couples was added in much more recent years.

Who can bring a claim under the Act?

The following are eligible to bring a claim under the Act: –

  • Spouse
  • Former spouse
  • Cohabitees that have lived together for at least two years before the death as if they were a married couple
  • Children of the deceased – whether they are minors or adults
  • Those treated as a child of the family
  • Anyone that was financially dependent on the deceased

How are claims dealt with?

The Courts, when dealing with these types of claims, have the difficult job of attempting to achieve a balance between maintaining testamentary freedom (ensuring someone’s last wishes in a will are met) against the need to assist those that have a financial need that has not been met.  Case law has established guidance on how these claims should be dealt with, but no case is the same and it is difficult to predict the outcome.  The Courts have wide discretion as to the Orders they can make and everyone’s claim will be different.

How can we help?

In our dispute resolution department, we deal with a range of contentious probate matters. We help and represent executors/administrators having to deal with claims being made against the estate, beneficiaries that could lose their inheritance as a result of a claim made; and also, eligible individuals to bring a claim where inadequate financial provision has been made for them on the death of a relative or loved one.

If you consider you may have a claim against an estate it is important to receive legal advice as soon as possible as there are strict time limits for the bringing of claims under the Act.

Examples of some of the types of cases we have dealt with: –

  • An adult son as Claimant disinherited in parents’ Wills where brother inherited entirety of late father’s estate.
  • A claim by a stepson against stepmother’s estate as she had previously inherited the client’s late father’s estate, but no provision had been made for him in either Will.
  • A claim by the wife of the deceased as Will changed by husband upon their separation that made no provision for her.
  • Represented Executors in a claim where daughter of the deceased questioned the provision made for her in the Will as compared to her siblings and the land and property left to each of them.
  • Represented Executors in a claim brought by friend of the deceased claiming to have been cohabiting as a married couple with the deceased when the nature of their relationship was questioned by the family of the deceased.
  • A claim by former wife of the deceased being maintained by her ex-husband at the time of his death as the intestacy rules meant that his new wife and children inherited only.
  • Represented a father in claim brought by his two sons following the death of his wife.
  • Represented a mother of a disabled adult child in a claim against the late father’s estate where he had left the entirety of his estate to his wife.
  • A nephew of the deceased pursued a claim as he had been financially dependent on his uncle, but no provision had been made for him in the uncle’s Will.

We pride ourselves on having the legal skills and knowledge to resolve claims and cases as soon as possible so as to minimise the legal costs incurred to all parties.  This avoids the unpredictability of court proceedings and the delay that proceedings cause in bringing matters to a conclusion. Inevitably due to the nature of the claims, parties are grieving when having to deal with these matters and therefore, it is in everyone’s best interest to achieve satisfactory closure as soon as possible.

Contact us at [email protected] if you wish to discuss a possible claim you have, or that may be made against an estate in which you have an interest.