ABSTRACT
Statute apart, landlords seem to prefer not to expressly undertake the liability for repairing or maintaining demised premises. They prefer to cast the burden of repairs and maintenance on the tenant. The tenant may have to pay a fair proportion of landlords' charges, or some other defined proportion of the landlords' costs. A way of fixing charges is by floor space or by reference to the anticipated use by the lessee, or a by a fixed proportion of a larger total sum. Landlords may also be liable for repairs outside the terms of the lease if, prior to the lease being executed, the landlord or his agent has given the tenant a collateral contract or undertaking. To trigger liability under a covenant to keep in repair or to repair, there must be physical damage to the item in question before the landlord can be obliged to carry out any repairs.
