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GLOSSARY

Rei interitus (in the context of a lease) definition

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What does Rei interitus (in the context of a lease) mean?

The parties to a lease are released from their mutual obligations if rei interitus takes place; that is, if the subjects are without the fault of either party completely destroyed by damnum fatale or can be regarded as constructively destroyed so as to be no longer tenantable. Examples are accidental destruction by fire, overblowing by sand and requisition under statutory authority, but not the loss of a hotel licence. Where the damage is attributable to an 'act of God' and the lease does not allocate liability for this cause of damage, the landlord is not obliged to carry out repairs.

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Repair clauses in commercial leases in Scotland

Repair clauses in commercial leases in Scotland This Practice Note considers the landlord’s obligation to repair under common law, how that is usually modified in repairing clauses found in full repairing and insuring (FRI) commercial leases in Scotland, issues to consider when drafting and interpreting such clauses, and the use of a schedule of condition in agreeing the tenant’s repairing obligations under the lease. The Practice Note does not consider residential or agricultural leases. In relation to agricultural leases, see Practice Notes: Buildings and other fixed equipment in agricultural tenancies in Scotland, Improvements and fixtures—agricultural tenants—Scotland and Buildings and other fixed equipment in agricultural tenancies in Scotland. In relation to disputes that may arise regarding repairs or dilapidations, see Practice Note: Repair and dilapidation disputes—commercial leases in Scotland. Repair under the common law At common law, a landlord, in comparison to a tenant, has quite onerous obligations in so far as the maintenance and repair of a let property is concerned. The landlord's principal obligations are:...

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