Real Estate Litigation 2025 - Law And Practice

1. Landlord-Tenant Disputes

1.1 Access

1.1.1 Remedies for Landlords Denied Access for Repairs

The landlord has a statutory right to enter into the premises, after prior notice to the tenant, at reasonable times during the term of the lease and to inspect the premises. Where the repairs are warranted due to the conduct of the tenant, the landlord is required to give notice to the tenant regarding the defects, which the tenant is bound to make good in the period prescribed under the statute. The landlord also has the right to have normal wear and tear repaired. Typically, minor repairs are the responsibility of the tenant, while any major repairs, especially those that are not attributable to the tenant, have to be carried out by the landlord and the landlord can seek assistance from the court for grant of an injunction, to carry out such repairs that are necessary to preserve the property. Where the tenant refuses access to the landlord, the landlord will be