Week 12 - Repairs and Dilapidations

Question 1

Repair obligations always arise from lease covenants. True or False?

Answer 1

False. They can arise from express covenants, but they can also arise from by implication of statute or common law, or under the law of tort.

Question 2

Proudfoot v. Hart (1890) gives rise to what principle with regard to the standard of repair?

Answer 2

That age, character of the building, and location are all
important factors to be taken into consideration when
assessing the standard of repair required.

Question 3

Repairing covenants do not generally require the repair to improve the property. True or False.

Answer 3

True. The principle arising from Eyre v. McCracken (2000) allows that ‘repairs that change the character of a property are not repairs but improvements.

Question 4

Explain the meaning of a covenant obligation to ‘keep in repair’.

Answer 4

To keep the building in a good state – which may include the need to bring a building that is in disrepair into a good state.

Question 5

Waste (in relation to repairs and dilapidations) means you cannot throw away materials that the landlord might
need for repairs. True or false?

Answer 5

False. The Tort of Waste means that tenants cannot cause damage to a property (voluntary waste) or fail to maintain a property so that it becomes damaged (permissive waste).

In the event that either occurs, the repair obligation lies with the tenant.

Note that permissive waste is not a tenant liability in
periodic tenancies.

Question 6

List some of the repair obligations arising under the Landlord and Tenant Act 1927.

Answer 6

You could include, for example: duty to maintain fitness for habitation under the amendments made by the Homes (Fitness for Human Habitation) Act 2019;
Repairs to structures – including stability of the building, lighting and ventilation, damp-proofing;
Repairs to common areas, including water supply, guttering and external pipework, drainage and sanitation etc.

Question 7

Landlords entering a property to carry out repairs are committing trespass. True or false?

Answer 7

False, provided there is a covenant allowing them access or unless they carry out works beyond those agreed as necessary repairs with the tenant.

Question 8

Does a lease need to specifically state that painting and decorating are tenant responsibilities for an obligation to
arise?

Answer 8

No. If there is an express repairing covenant to keep the
property in good order, or to leave the property in good order, then painting and decorating are implied in that covenant. However, there can be a specific painting and decorating clause as redecoration is not repair, other than in the circumstances outlined above.

Question 9

What is Jervis v. Harris (1995) the leading authority of?

Answer 9

Landlord entry to property. The case also provides that also provides that landlords can (in the covenant) allow for charging the tenant for the cost of repairs.

Question 10

How might provisions of the Occupiers Liability Acts of 1957 and 1984 give rise to repairing obligations?

Answer 10

Because the statutes require owners and occupiers to ensure the safety of visitors and persons other than visitors. Case law in respect of stairs and stair furniture applies here.
Drysday v. Hedges (1973), Pritchard v. Caerphilly CBC
(2013) and Sternbaum v. Dhesi (2016) are all ‘stairs’ related cases, although the principle arising relates to the Defective Premises Act 1972 – which requires landlords to maintain safe premises.

Question 11

Landlord repair obligations only arise when the tenant notifies a fault. True or false?

Answer 11

Partially true, partially false. There may be provision in the lease for the landlord to enter and inspect the property. However, see the impact of Pritchard in relation to implied covenants.

Question 12

Name one other tort that might give rise to a tortious repair obligation.

Answer 12

Nuisance – if either the tenant or the landlord allows the
property to fall into disrepair such that it causes a nuisance to neighbouring properties or (on the part of a landlord failure) to the tenant, then an obligation will arise.

Question 13

Dilapidations is the term used to describe the list of problems with a ruined building. True or false?

Answer 13

False. Dilapidations are the repair obligations arising when the condition of a property is defective.