Repair (Structure and content of a lease)- FS Flashcards
(8 cards)
What is the purpose of including a repair covenant in a commercial lease?
To obligate the tenant to maintain the property in a good condition, ensuring the landlord’s asset is preserved during the lease term.
What does the legal obligation to “keep in repair” mean in the context of a lease covenant?
It includes the requirement to put the property into repair if it is in a state of disrepair at the start of the lease, not merely to maintain its existing condition.
Which legal principle requires a tenant to repair existing disrepair at the start of the lease under a “keep in repair” covenant?
The principle from Proudfoot v Hart (1890), which holds that “keeping in repair” implies initial repair as well.
Why must a tenant put a property into repair at the start of a lease if it has covenanted to keep it in repair?
Because it is impossible to comply with the obligation to “keep in repair” unless the property is first put into a repairable state.
Does the tenant’s awareness of pre-existing disrepair affect the obligation to repair under a standard lease covenant?
No. The tenant is still required to put the property into repair, regardless of prior knowledge or acceptance of the disrepair.
Is the tenant’s obligation under a repair covenant limited to the condition the property was in at the lease’s start?
No. The obligation extends to putting the property into repair, not just maintaining its existing condition.
In a lease of a whole commercial property, what is the extent of the repair obligation if the lease requires the tenant to keep the property in repair?
The tenant must repair the entire property, including bringing it up to a proper standard if it was in disrepair at commencement.
Can a tenant avoid liability for pre-existing disrepair if the lease simply states an obligation “to keep in repair”?
No. The standard wording “to keep in repair” includes the duty to remedy existing disrepair, not just to prevent future deterioration.
