ABSTRACT

This chapter examines various aspects arising where the tenant has expressly undertaken liability to carry out or to pay for repairs, either for the structure and exterior as well as for the interior of his premises, or only, as in the case of multi-occupied buildings, in relation to the interior of the unit demised to him. There are some limits inherent in the juridical nature of a repairing covenant. In particular, a covenant to repair impliedly excludes any obligation to improve the condition of the premises, save to that extent necessarily required in the act of making good physical damage. A repairing obligation includes, as part of the process of replacing physically damaged items, replacement of subordinate parts of the premises. Some leases contain an express exception for fair wear and tear, the aim being to prevent the tenant being liable for work caused merely by the effects of ageing and weathering.