Landlord’s Right To Renovate In Commercial Property Leases

Commercial properties particularly those under heavy use will require their fair share of maintenance and renovation work over a period of time, but what is and what isn’t permissible work when a tenant is occupying the property?  

Things can go against the landlord if they are seen to be acting unreasonably by a court while work is carried out. The main problem for landlords is in a common covenant which grants the tenant quiet enjoyment.  

If a landlord suddenly turns up with lots of noisy equipment, scaffolding and so on, then the court may sympathise with the tenant if the landlord appears to be taking liberties. Noise, dust and disturbances can put customers off entering if say the commercial premises is a shop and sales can be lost as a result.  

The important thing to remember as a landlord is to treat the tenant with respect. Make sure they are clear about the work beforehand and seek their permission. It is also reasonable to offer some kind of discount off the rent to compensate for the inconvenience.  

Ultimately the landlord is within their rights to renovate a property they own but this must not conflict with the tenants right to quiet enjoyment unless the work is urgent and 100% necessary.