ABSTRACT
The state of repair of premises is an area of concern for landlords and tenants alike, whether the premises have residential or commercial use. Contractual duty areas may remain within the control of the landlord and maintenance is often paid for through service charge. The chapter shows what is meant by repair, including how the courts have interpreted the express wording of the lease. It describes the extent to which the common law and statute imply repairing obligations into different types of leases. The chapter discusses how other areas of the law such as nuisance, negligence and Occupiers' Liability affect the obligations of the parties to a lease. It focuses on the extent to which certain categories of tenant enjoy additional regulatory protection. The chapter explores the remedies available to both landlords and tenants when repairing obligations have been breached.
