Repair Flashcards
When is T liable under a repair covenant
When L can show deterioration from a previous state. Must be damage
Does T need to repair an inherent defect
Not if it isn’t causing an damage to the property but yes if it is causing damage then fixing the defect may be the only way to repair the damage
What does it mean to keep in repair
to keep in repair means to put in repair
What is required of a covenant to yeild up the premises in repair at the end of the tenancy
Complete repairs and remove alterations
What is the standard of repair required
Having regard to age, character and locality, make the premises reasonably fit for occupation by a reasonably minded T of the class likely to take it
Repair or improvement?
Would it create something wholly different?
Degree
something new for benefit of T - improvement
replace something already there, even if with new equivalent - repair
What condition should T return the premises in
The same condition as they received it
Can lack of repair by T allow L to end a contract
This will need to be specified in the lease
Who must insure the property
There is no obligation on either party to insure the property so set this out in the contract
Should the insurance be in joint names of T and L
This is best as then it will be paid out to both and both will be notified if it expires
What if L will not allow the insurance to be in joint names
T can have interest noted on policy so T is informed if it becomes invalid.
To what extent should the property be insured
for full reinstatement value
Does T have to reimburse L for insurance costs
Check contract, this might be the case. If yes consider if cost is fair e.g. do other Ts have hazardous businesses.
Does L have to use the insurance monies to reinstate the property
No if the insurance was only in L’s name.
Does T need to continue to pay rent if property is damaged
yes unless lease is fustrated.
