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Repair
In virtually all commercial leases there will be a repairing covenant incumbent on the Tenant. Failure to repair is the most common area where Tenants fall short of their obligations, thus committing a breach of covenant. Aside from the contractual requirements to 'repair' under the lease, liability may also exist in tort under the Doctrine of Waste, although enforcement of the express repairing obligation in the lease is usually the Landlord’s first line of recourse.
An extensive body of case law determines the definition of repair and disrepair, the standard of repair required and the associated implications of improvement or betterment. We have a detailed knowledge and understanding of the relevant case law in each application to avoid unsubstantiated claims to the contrary. We also ensure compliance with this requirement reflects the proper construction of the covenant wording and we thoroughly investigate whether any future proposals for the building will impact on the repairing obligation.
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