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Repairing Covenants

It is a common provision in a Lease that the Tenant will be responsible for repairing the Property which, in the case of a self contained Property, will often include the main structure as well as the interior.  

If the Property is part of larger building the Tenant is likely only to be responsible for the interior.  Often, the Landlord would seek to have the Tenant contribute to the cost of the repair of the main structure by way of service charge payments.

Details of the state of repair or disrepair in respect of the Property to be let, or perhaps the larger building, would need to be considered before agreeing the terms of the Lease.  It is, therefore, important for a Tenant to have a survey of the Property carried out before he signs the Lease or incurs significant costs.

If the Property is not in good condition the Tenant should endeavour to limit its repairing obligation to the extent that he is not obliged to put the Property in any better state of repairs than it was at the start of the Lease.



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