Repairs and alterations

Repairing covenants

The scope of a repairing obligation in a lease can vary widely according to the specific wording of the particular clause and the circumstances of the letting. The tenant's repairing covenant interacts with other provisions in the lease (including those dealing with insurance, rent review and service charge), and any deficiencies within it can have a significant impact on the parties' liabilities and/or remedies in the event of a dispute.

A covenant to 'keep in repair' includes an obligation to put the property into the appropriate standard of repair, even if it is in disrepair at the date of grant.

The meaning of 'repair' is found in case law. Key principles include that:

•
repair is not improvement - liability ‘to repair’ cannot arise in the absence of disrepair
•
repair is distinct from renewal or replacement - replacement will only be justifiable in place of continuing repair if it is reasonable in the circumstances. The costs of repair and replacement will feature heavily in any decision.
•
liability for inherent or latent defects depends on the express terms of the lease and the particular circumstances

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Property News

Was the tenant’s intention to return to the property as an owner sufficient to satisfy the ‘tenant condition’ (Hackney London Borough Council v Weintraub)

Local Government analysis: This judgment is another in a string of decisions concerning the interpretation of the tenant condition. The issue in this case was narrower than in previous hearings. Hackney appealed the previous judgment of Mr Justice Zacaroli made in April 2024. Hackney appealed on the basis that an intention to return to the property as an owner cannot satisfy the ‘tenant condition’. The judge in this case disagreed with such an assertion and the appeal was dismissed. There were other elements to the appeal, but those fell by the wayside. The Judge held that the tenancy condition can be satisfied even where the tenant does not intend to return to the premises as a tenant. It was held that there is no suggestion within the legislative provision that a return as a tenant is required. The condition remains satisfied if a tenant intends to return in any capacity, as long as this can be measured and shown against objective ascertained fact. Written by Clive Adams, head of Housing Management at Birketts LLP.

HM Land Registry updates Practice Guides 1 and 8

HM Land Registry (HMLR) has updated two practice guides: Practice Guide 1—First registrations and Practice Guide 8—Execution of deeds.

Property weekly highlights—19 December 2024

This week's edition of Property weekly highlights includes: cases on repudiatory breach of a lease, the Tenant Fees Act 2019 and the right to manage, and a look at the proposed reform of the energy performance in buildings regime and proposed planning reforms.

Mayors to be given greater planning powers under ‘devolution revolution’

Planning analysis: An English Devolution White Paper (the Paper) proposes to give Mayors new development management powers, including the ability to call in planning applications of strategic importance and to charge developers a Mayoral Levy to ensure that new developments come with the necessary associated infrastructure. This analysis focuses on the proposals relating to Mayors’ planning powers under the Paper.