Describe the Different Obligations Imposed by the Implied and the Express Repair Covenant in a Lease.

1230 WordsNov 12, 20115 Pages
Describe the different obligations imposed by the implied and the express repair covenant in a lease. (list the various terminologies used and explain their meaning) A repair is ‘making good the damage so as to leave the subject as far as possible as though it had not been damaged’ defined in Clathorpe v McOscar 1924 Ultimately, the landlord wants to pass on the repairing responsibility to the tenant. Tenants will usually accept the responsibility as long as it is not too onerous. The phrase caveat emptor buyer beware meaning the tenant should know the implications when taking on the lease show in Robins v Jones 1863 ‘fraud apart there is no law against letting a tumble down house’ There are two types of repairing covenants: fully…show more content…
This is different to keep in repair. To keep in a tenantable condition – to do what you should want someone else to do (being a good tenant). The repairing covenant may go further than simply repair; there are also express obligations to repair and renew, to carry out structural repairs, and to rebuild or replace, depending on the terms of the lease. Fair wear and tear of the property is usually accepted without having an onerous repairing obligation by excluding the tenants from the responsibility of ‘making good “the ravages of time”. A defence is available if the tenant can show that the use of the premises was reasonable; Manchester Bonded Warehouse v Carr 1980 The liability to repair occurs as soon as there is disrepair. If, however the specified party is unaware of the disrepair, the liability falls when the party has been served a notice informing of the disrepair (landlord to tenant or tenant to landlord). Once the party is notified (thus aware) then this is when the liability of repair falls, however a reasonable time limit is given in order to restore the disrepair. There is also an obligation to repair formed when entering a lease. There is a general standard of repair which takes in to consideration the property itself, the locality, state of premises before. This is reflected in the ruling of Proudfoot v Hart 1890; it was ruled “what was acceptable in Grosvenor Square and that which would

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