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]

 

Employment Tribunal Claims Surge

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Newly released Ministry of Justice statistics show a substantial rise in Employment Tribunal activity. According to the latest data for October–December 2025, published on 12 March 2026, the tribunal system is experiencing significant pressure:

  • New single claims have risen by 54% compared with the same quarter in 2024.
  • The open case load has increased by 49%, adding to delays and backlogs.
  • The tribunal is facing further strain due to a rise in whistleblowing and discrimination cases, as well as AI‑generated claims and responses that are “overly complex,” particularly from unrepresented parties.
  • Additional pressure is expected when new rights under the Employment Rights Act 2025 come into force.

What this means:
Both employees and employers are navigating a tribunal system under increasing demand, where cases may become more complex and timelines longer. Proactive legal guidance is more important than ever.

How We Can Help

Whether you’re an employee exploring your rights or an employer seeking strategic risk management, our specialist employment law team offers:

  • Clear, pragmatic advice at every stage
  • Support with discrimination, whistleblowing and dismissal claims
  • Guidance on preparing compliant workplace processes
  • Representation in Employment Tribunal proceedings

Need advice?

If you’re facing a workplace issue—or want to protect your business against rising employment disputes—our solicitors are here to help. Get in touch for tailored legal advice and assistance.

Why is inheritance tax planning no longer only for the wealthy?

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For many years, Inheritance Tax (IHT) was considered a concern reserved for the very affluent. That perception is increasingly outdated. With residential property values having risen significantly across the UK over the past two decades, a growing number of estates including those of ordinary middle-income families now fall within the scope of IHT.

Understanding how tax works and what planning options exist is something every adult should consider as part of making your Will. Your Will is your most powerful IHT tax planning tool. Most people think of a Will simply as a document that sets out who gets what when they die. This is true; however, a well drafted Will can do considerably more than that. For many families it is the single most effective Inheritance Tax planning tool available, and yet it is frequently overlooked.

If you would like assistance in preparing a Will, or if you would like tailored advice on IHT planning, please contact any of our three offices. Our experienced Wills, Trusts & Probate team will be pleased to guide you through your options and help you put effective plans in place for the future.

– Saffron Walden: 01799 523 441
– Sawston: 01223 832 939
– Haverhill: 01440 702 485

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]

Congratulations to Ruby Bird for being awarded Student of the Month by Pitmans

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Ruby joined Adams Harrison in October 2025, in the Haverhill office, as a trainee legal secretary. She is studying with Pitmans Cambridge for the CILEX Legal Secretarial Diploma. The partners were delighted to hear that Ruby was awarded Student of the Month this month by Pitmans in recognition of her hard work and excellent results so far.

Unmarried Partners & Intestacy in England and Wales: What You Need to Know

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For the millions of cohabiting couples in England and Wales, the assumption that a surviving partner will “automatically inherit” is not just risky — it is legally incorrect. Despite the rise of long‑term cohabitation, the law has not kept pace with modern family structures, and the rules of intestacy (which apply where one passes away without a valid Will) still exclude unmarried partners entirely.

This article explains how the law works, why cohabiting couples are particularly vulnerable, and what steps can be taken to avoid serious financial and personal consequences.

  1. The Myth of the “Common Law Partner”

A significant number of people still believe that living together for a certain number of years creates rights similar to marriage. It doesn’t. In England and Wales, “common law marriage” has no legal recognition and unmarried partners receive nothing under intestacy rules, even if you have lived together for decades, raised children, or own a home together, you are treated as legal strangers under intestacy law.

We are not encouraging you to have a civil union or marry your partner if you do not wish to, we instead wish merely to highlight what steps can be taken so that your testamentary wishes reflect your current familial circumstances.

  1. How the Intestacy Rules Work

When someone dies without a Will, their estate follows a strict hierarchy governed by statute The law does not consider personal relationships, financial dependence, or emotional ties at all.

The estate passes in the following order:
Spouse or civil partner → children → parents → siblings → extended family → the Crown. Unmarried partners do not appear anywhere on this list.

Although one may deem that a Will is not necessary where they are married and intend to leave everything to their partner and then to their children, steps should still be taken to produce a Will to reflect these wishes – this will be covered in more detail in a later blog post.

This means that if an unmarried person (which may include those couples who have married via religious ceremonies only) dies intestate:

  • Their partner inherits nothing owned solely by the deceased — not the home, not savings, not personal possessions.
  • Children, parents, or even distant relatives may inherit instead, irrespective of how close the deceased was with these relatives.
  • If no relatives exist, everything passes to the Crown.
  1. Financial Hardship & Emotional Impact

The consequences can be severe and immediate. Situations frequently include:

  • Loss of the family home
  • No access to savings or pensions
  • Eviction by legal beneficiaries
  • Costly legal claims to secure any support

Many unmarried partners only discover this legal gap after suffering a bereavement, compounding an already devastating situation. By taking action now and drafting a Will, couples will have taken the steps to safeguard themselves and each other in bereavement.

Conclusion

Unmarried partners in England and Wales have no rights under the rules of intestacy, regardless of how long they have lived together or how intertwined their lives may be. Without a valid Will, surviving partners may face losing their home, assets, or financial security.

The solution is simple but essential: make a Will, review ownership structures, and ensure your wishes are documented. It is the only way to protect the person you share your life with.

If you wish to create a Will and would like our assistance in doing so, you are welcome to contacting one of our three offices whose details are below:

  • Saffron Walden: 01799 523 441
  • Sawston: 01223 832 939
  • Haverhill: 01440 702 485

Child Welfare First: The Repeal of the Presumption of Parental Involvement

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Did you know? Contact is no longer treated as a parental right. Courts must now assess whether contact is safe and, in the child’s, best interests.

On 22 October 2025, the Government announced the planned repeal of the presumption of parental involvement with their children under section 1(2A) of the Children Act 1989. Since 2014, courts have been required to presume that involvement of both parents in a child’s life would further the child’s welfare. That is now changing.

The Ministry of Justice’s Review found that this presumption was contributing to a “pro-contact culture,” with unsupervised contact remaining the most common outcome even in cases involving domestic abuse. This reform means:

  • Contact will be assessed on evidence, not assumptions
  • Allegations of harm and domestic abuse will be examined carefully
  • Contact may be supervised, indirect (letters or telephone calls), or refused altogether, where necessary
  • Each case will be decided using the welfare checklist
  • Parental responsibility remains and all parents still have the right to apply for a Child Arrangements Order whether they have Parental Responsibility or not.

 

This does not mean contact will be refused In many families, courts will still conclude that children benefit from a relationship with both parents. But the child’s safety and wellbeing will always come first.

How can our Family Law team help? We advise parents and families on child arrangements, safeguarding concerns, domestic abuse cases, and applications for child arrangements orders. If any of the issues raised in this blog affect you or your family, contact us for a confidential initial conversation.

This blog is intended as a general overview and does not constitute legal advice. Please contact Family department at Adams Harrison for advice on how to navigate your divorce, children and finances

Written Statements of Employment Particulars: what you need to know

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Employers are legally required to provide employees and workers with a written statement of particulars of Employment. This document sets out the key terms and conditions of Employment and is often referred to as a Section 1 Statement.

Although some contractual terms can be agreed verbally or implied through conduct, the law requires certain information to be provided in writing. If there is no separate written contract, a Section 1 Statement will be persuasive evidence as to the terms of the contract between the parties.

When must the statement be provided?

For those starting work on or after 6 April 2020, there is no minimum service requirement for an employee or worker to be given a Section 1 Statement, and it must be provided no later than the beginning of the Employment. Some particulars may be contained in a reasonably accessible document that the Section 1 Statement refers to, and some particulars may be given in instalments but no later than two months after the start of the Employment.

What information must be included?

The Employment Rights Act 1996 sets out a prescribed list of particulars that must be included. In broad terms, the written statement must cover:

  • The identity of the employer and employee
  • The employee’s start date and any earlier service counting towards continuity
  • Job title or a description of the role
  • Place of work
  • Pay and benefits
  • Hours and working patterns
  • Holiday entitlement and other paid leave
  • Sickness and incapacity arrangements
  • Notice and termination provisions
  • Training requirements
  • Disciplinary and grievance procedures
  • Pension arrangements
  • Data protection information
  • Details of any collective agreements affecting employment

What happens if an employer does not comply?

An employee or worker may make a complaint to an Employment Tribunal where an employer fails to provide an accurate Section 1 Statement. The Tribunal will determine what particulars ought to have been included or referred to in the statement. Where an employee or worker also has a successful substantive claim in the Employment Tribunal, they may claim compensation in respect of the failure to provide particulars. The award is likely to be between two to four weeks’ pay.

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

  • Saffron Walden: 01799 523 441
  • Haverhill: 01440 702 485
  • Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

Why should you update your Will regularly?

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A Will is not something you can simply set aside and forget. As life evolves, your Will should evolve with it. It is good practice to review your Will every 3-5 years or sooner if you experience a significant life change such as:

  • Marriage or divorce
  • The arrival of children or grandchildren
  • Buying or selling property
  • Notable changes in your financial situation
  • Changes to your chosen executors
  • Changes to guardians for children
  • The death of someone named in your Will

If your Will is not kept up to date, it may no longer reflect your true wishes. This can create disputes, delays or even result in parts of your estate being distributed in a way you never intended.

A brief review with a professional can help ensure your Will remains accurate and valid – saving your loved ones significant stress, time and expense in the future.
Book your appointment today by contacting one of our offices:

  • Saffron Walden: 01799 523 441
  • Haverhill: 01440 702 485
  • Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form