ABSTRACT

The landlord and tenant can basically make their own bargain and, if the landlord is an institution having the whip hand in negotiations, one will not be surprised to find that the tenant takes on the repairing obligation. The plant that the landlord had replaced would have been reasonably acceptable to a prospective tenant of the building of which it had formed part. The landlord will still need to consider if and how the tenants is to be liable to repair the landlord's fixtures and fittings and to include them within the demise for this purpose. While a discussion of the law relating to fixtures and fittings is beyond the scope of this chapter, institutional landlords are astute to impose repairing obligations on tenants in relation to fixtures and fittings within the demise.