If a landlord fails to carry out repairs that are their responsibility, the Business Premises Rent Tribunal may have the repairs done at the landlord’s cost, or authorise the tenant to do them and deduct the cost from rent. This applies only to a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301). It is not permission to deduct rent on your own.
Which repairs does this cover?
The key question is whether the landlord is responsible for the particular repairs. A problem in rented premises does not, by itself, mean the landlord must pay to fix it. This rule covers only repairs for which the landlord is liable.
For example, if a shop roof leaks, there are two questions to check before relying on this rule: whether the tenancy is a controlled tenancy under this Act, and whether repairing that roof is the landlord’s responsibility. The leak alone does not answer either question.
What can the Tribunal do?
Section 12(1)(g) gives the Tribunal two options when a landlord fails to carry out repairs that are their responsibility.
It may order the repairs to be done at the landlord’s cost. This means the landlord bears the expense of the work; it does not mean the landlord must personally do the repairs.
Alternatively, the Tribunal may authorise the tenant to carry out the repairs and deduct the cost from the rent payable. In everyday terms, the authorised repair cost is taken off the rent, so the landlord receives the rent less that cost.
Do not deduct first and ask later
The tenant must bring the matter to the Tribunal. The Tribunal decides after hearing both sides, so this is not an instant remedy or an automatic right to reduce rent.
The Tribunal’s authorisation matters. Paying for repairs yourself does not, on its own, give you permission under this rule to deduct the cost from rent.
Keep copies of your tenancy agreement, messages about the problem and any repair records. Ask for responses in writing. If responsibility for the repairs or the status of the tenancy is unclear, speak to an advocate before relying on this rule.
📚 Section 12(1)(g), Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (CAP. 301)
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.