What is the Law in your Life?

5 things you need to know about the obligation for repairs under a Lease:

1.     The common law provides that a tenant repairs and maintains the interior of the leased subjects and the landlord is obliged to maintain the exterior including the roof. The common law rarely applies and is usually expressly overridden. Sometimes this is not done properly however.

2.     A repairing obligation in a lease will be interpreted strictly according to its terms so if the obligation is to include renewal and rebuilding, this should be stated expressly.

3.     The repairs clause must be read in conjunction with the insurance clause in the lease.

4.     Tenants should be advised to instruct a survey of the leased subjects before accepting a full repairing and rebuilding obligation. If there are defects, these should either be made good by the landlord prior to the grant of lease or else and exception made from the tenant's repairing obligation.

5.     An exception may be made by way if reference to an attached photographic schedule of condition evidencing the state of repair of the leased subjects.