Who repairs what?

08/05/2012

By Felicity Warran-Smith, Partner in Commercial Property & Development.

This Court of Appeal decision emphasises the importance of detailed provisions specifying the respective obligations of landlord and tenant in leases of only part of a property.

Grand -v- Jill established that the plaster finishes on walls and ceilings of a flat were part of the structure of the flat and as such were the landlord’s responsibility. Legislation imposes high responsibilities on residential landlords which led to this decision. The decision could impact on commercial leases.

As a tenant you want to be clear whether the lease includes, for example, the whole of the shop front and whether you or the landlord must repair it. As a landlord you want to make sure the areas you are responsible for are clearly identified and that you can recover all your expenses under a service charge.

Always remember that even if repairing a part of the building is not the tenant’s responsibility, in the absence of a specific obligation nor will it be the landlord’s!