Leases: repairs
A note that considers the issues that arise when drafting or negotiating a tenant's repairing obligation in a commercial lease in England and Wales. This note examines the scope of a "full repairing lease" and the legal principle that a covenant to "keep in repair" obliges the tenant to first put a property into repair if it is in disrepair at the lease commencement. It explores the critical distinction between repair, renewal, and improvement, referencing key case law. The guidance also addresses the implications of more onerous phrasing, such as a covenant to keep a property "in good repair and condition." Practical considerations are explored, including limiting tenant liability through a schedule of condition, excluding responsibility for inherent defects, and navigating specific repairing obligations for mechanical and electrical plant. This note also touches on the impact of the Royal Institution of Chartered Surveyors (RICS) Lease Code 2020.
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