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In a tenancy originally protected by the Rent Act 1977, which then became a statutory tenancy on expiry of the contractual term, what are the tenant’s repairing obligations?
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Published on: 13 March 2017
Case study
The original lease provided that the tenant 'keep in good tenantable repair all doors, windows, etc'. The tenancy was originally for eight years and while section 11 of the Landlord and Tenant act 1985 (LTA 1985) should not apply, the latest rent register states: ‘Liability for repairs—as agreed between the parties, subject to LTA 1985, s 11’.
In general terms, liability for repair of let premises depends on what is agreed, as set out in the tenancy agreement (or any subsequent variation). In addition, it is necessary to take any statutory provisions into account that may be relevant. In this scenario, a statutory tenancy has arisen under the Rent Act 1977 following the
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Jurisdiction(s):
United Kingdom
Related documents:
Practice notes 1
Precedents 1
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Related legal acts:
Key definition:
Rent definition
What does Rent mean?
Consideration payable under a lease, the amount of which must be ascertainable with certainty throughout the term (usual via a rent review if not stated in actual figures). Commercial rents are usually paid in advance by equal instalments on the quarter days or other dates specified as rent payment days.
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