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Repair, Rent, Service Charge & Insurance Notes

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Type of clause?
What does it do?
Repair 'Leave no brick uncovered': When drafting repair obligations make sure all parts of premises are covered by an obligation to repair - either landlord or tenant must take responsibility:

Landlord's Concerns Tenant's Concerns


Which areas


careful about repairing are whose "inherent defect" under covenant to responsibility repair


Decoration


Repair vs. improvement - do requirements works go to the whole or


"Leave no substantially the whole of the structure, or only to a subsidiary part brick uncovered" or change the building into a different character from that which had been let?


Cost of works in relation to the previous value of the building


Standard of repair determined by "age, character and locality" at the time of the letting


"good condition" - more onerous clause

Remedy for Breach Landlord may bring a claim for damages S18 LTA 1927 - limits the maximum amount recoverable in all cases by providing that the damages cannot exceed the amount by which the value of the reversion has been diminished by the breach No damages are recoverable for failure to put or leave the premises in repair at the termination of the lease, if the premises are to be pulled down shortly after termination Leasehold Property (Repairs) Act 1938 If the lease granted for 7 years or more and still has at least 3 years left to run - special procedure landlord must follow to sue for damages. Landlord must serve notice on tenant under s146 LPA 1925 and must inform tenant of right to serve a counter-notice within 28 days. If counternotice served, landlord cannot proceed without leave of court
- landlord must prove:


Value of reversion has been substantially diminished; or


Immediate remedying of breach required for

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