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Repairing covenants Tenant’s covenant to repair Landlord’s covenant/Service charge Vacation self-study exercise Landlord’s remedies

Repairing covenants Tenant’s covenant to repair Landlord’s covenant/Service charge ▪ Vacation self-study exercise Landlord’s remedies

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Page 1: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Repairing covenants Tenant’s covenant to repair Landlord’s covenant/Service charge▪ Vacation self-study exercise

Landlord’s remedies

Page 2: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Implied obligations (p.1) To use in tenant-like manner To give business efficacy to the

agreement

Tenant’s covenant to repair Lease of whole/part Interaction with other provisions▪ Look at “Repair” and “Demised Premises”

together

Page 3: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Meaning of “repair” Dictionary definition? Drafting Case law – little statutory guidance

Qualifications to “repair” (pp.1-2) “Good and substantial” “Tenantable” Anstruther-Gough-Calthorpe v McOscar

Page 4: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

“Repair” and “renewal” Lurcott v Wakeley and Wheeler – although

“repair” can contain elements of renewal, repair and renewal are different concepts

Credit Suisse v Beegas – (L’s covenant to repair)▪ “to repair, amend, renew… and otherwise keep in good

and tenantable condition”; reference to “… defect or want of repair…”

▪ Verbs “amend” and “renew” considered in addition to “repair”

▪ Although replacement of cladding to building too extensive for “repair”, it fell within “renew and amend”

Page 5: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

“Good condition” Welsh v Greenwich – flat suffered mould

inside due to condensation caused by lack of insulation – chattels damaged not structure▪ “to maintain the dwelling in good condition and

repair”▪ “Good condition” a separate concept and

additional to “repair” – not limited to structural condition

▪ Held – failure to maintain in good condition

Page 6: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

“Repair” and “disrepair” Post Office v Aquarius – before liability

arises under a covenant to repair there must be disrepair – unusual facts

New office building let in 1969; defect in structure of basement

Water table rose 1979-1984 – basement flooded; 1984 water table subsided – no damage caused by defect

No liability to improve to remove defect

Page 7: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Standard of repair Proudfoot v Hart – 3 year lease – “keep

premises in good tenantable repair” Obligation was to put and keep Having regard to age/character of locality,

making reasonably fit for occupation by tenant of class likely to take it

Distinguish Anstruther – 95 year lease, so Proudfoot standard did not apply - would mean fluctuating standard depending on tenants/neighbourhood – so standard assessed at start of term

Page 8: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Scope of repairing covenant (p. 2, para (f)) Put and keep Inherent defects can fall under repairing

covenant▪ Ravenseft v Davstone – cladding loose and dangerous

– lengthy repairing covenant▪ Repair doesn’t mean giving back a different thing (Lister v

Lane) but it is a matter of fact and degree▪ Use ratio of cost of works to value of property

▪ Stent v Monmouth and Creska v Hammersmith – considering replacement/expense use “sensible man” criterion

Page 9: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Summary of relevant factors to determine whether repair (p.3)

Amending tenant’s covenant to repair (p.4) Exclude inherent defects Exclude insured risks Schedule of condition Fair wear and tear excepted

Landlord’s re-entry clause

Page 10: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Relevance - lease of part/internal demise/unit on estate (p.5) Service charges

Check Landlord’s covenant – to provide services

Tenant’s amendments: See Vacation self-study exercise Look mainly at services

provided/expenses Few legal points – mainly commercial

Page 11: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Yielding up in repair

Decoration

Page 12: Repairing covenants  Tenant’s covenant to repair  Landlord’s covenant/Service charge ▪ Vacation self-study exercise  Landlord’s remedies

Damages s18 LTA 1927 - ceiling Leasehold Property (Repairs) Act 1938

Forfeiture Leasehold Property (Repairs) Act 1938

Self-help Jervis v Harris (debt)

Specific Performance Rainbow Estates v Tokenhold