3.2. REPAIRS Flashcards
LANDLORD REPAIR COVENANTS - EXPRESS
The landlord will usually have expressly made a covenant to repair.
Landlord Repair Covenants - IMPLIED
LEASE OF 7 YEARS OR MORE
- NO implied covenant for landlord to repair the property at common law
- – EX 1: furnishings
- At the start of the lease, LL must have properly furnished the property so that it is FIT FOR OCCUPATION (Smith v Marrable), need not be to a very high standard (Lee v Leeds)
- the lease should EXPRESSLY state who is responsible for repairing which part of the premises.
- the longer the lease, the more likely it is that obligations will fall on the tenant.
SHORT RESIDENTIAL LEASES (less than 7 years) (s.13(1) LTA 1985)
- implied by s.11
- – cannot be contracted out of (s.11(4) and s.12)
- LL only liable to repair the property from the point when the tenant provides them with notice (O’Brien v Robinson). Once received, LL must perform repairs within a R time.
The obligations (s.11 LTA 1985)
- (1)(a) The STRUCTURE and EXTERIOR of the property
- – drains, gutters, external pipes
- – the roof (Douglas-Scott v Scorgie)
- – Windows (Irvine v Moran)
- – Internal wall plaster (Grand v Gill)
- – Steps/paths that are essential means of access to the property (Brown v Liverpool Corp)
- – Damp, UNLESS caused by tenant’s failure to mitigate (Quick v Taff Ely BC; Lee v Leeds CC)
- (1)(b) installations for the supply of water, gas, electricity and sanitation
- – basins, sinks, baths, sanitary conveniences. NO OTHER fixtures or appliances making use of utilities.
- (1)(c) installations for space heating and heating water
LL NOT RESPONSIBLE FOR (s.11(2)):
- (a) repairs for which the tenant is liable by virtue of their using the property in a TENANT-LIKE manner, or would be liable but for an express covenant on their part. Means taking “proper care of the place” Warren v Keen per Lord Denning)
- (b) rebuilding or reinstating the premises in case of destruction by fire, tempest, flood or other inevitable accident.
- (c) anything which the tenant is entitled to remove from the house
- Doors, furniture and gates (Irvine v Moran)
- Steps/Paths non-essential to access to the property.
STANDARD OF REPAIR
- depends on the age, character, prospective life and locality of the property (s.11(3))
TENANT REPAIR COVENANTS - EXPRESS
Tenant may have expressly covenanted to repair the property
STANDARD OF REPAIR
- maintain it in the condition a R owner would (Proudfoot v Hart)
- obligation to repair is a question of fact and degree. Courts read repair narrowly and damage to the property’s fabric is required (Quick v Taff Ely BC; Lee v Leeds)
- only responsible for REPAIR, NOT RENEWAL.
REPAIR OF WALLS
- May be obliged to repair (Ravenseft Properties v Davstone) or partially rebuild them (Lurcott v Wakely), but NOT where:
- – the reconstruction would render the wall so different from the original that it would constitute something new (Lister v Lane)
- – the cost of reconstruction would be greater than the property (Brew Brothers v Snax)
WEAR AND TEAR
- where expressly agreed, a tenant will NOT be responsible for FAIR wear and tear.
- WILL however be responsible for the CONSEQUENTIAL DAMAGE that stems from said wear and tear (Regis Property v Dudley)
SHORT LEASES
- regardless of whats stated in the lease, LL ALWAYS responsible for obligations listed in s.11 LTA 1985.
REMEDIES
DAMAGES
- calculated using the usual contractual methods (Expectation and reliance)
- TWO types may be available:
- – GENERAL DAMAGES for
- — reduction in the lease’s value, and/or
- — distress and inconvenience caused by breach of a repair covenant (Jonathan Earle v Sotos)
- – SPECIAL DAMAGES
- – for damage to goods and other costs incurred by the tenant connected with the breach.
SPECIFIC PERFORMANCE
- Tenant can request a court grant an order of SP where a LL breaches repair covenant (s.17 LTA)
- – here, E maxim of clean hands does not apply.
INJUNCTION
- RARE, but MANDATORY INJUCTION may be granted to force LL to fulfil obligations
SET-OFF
- Tenant may conduct repairs themselves and subtract cost from rent (Lee-Parker v Izzel), providing that:
- – set-off is not explicitly excluded by the lease (Electricity Supply Nominees v IAF), AND
- – the tenant has notified LL that they have breached their repair covenant.
REPUDIATION
- if disrepair is SUFFICIENTLY SERIOUS, the tenant may repudiate the lease (Hussein v Mehlman).
