LPC Law Notes > Cambridge And Oxilp And College Of Law LPC Law Notes > Property Law and Practice Notes
Repair, Rent, Service Charge & Insurance Notes
This is a sample of our (approximately) 5 page long Repair, Rent, Service Charge & Insurance Notes notes, which we sell as part of the Property Law and Practice Notes collection, a Distinction package written at Cambridge And Oxilp And College Of Law in 2016 that contains (approximately) 450 pages of notes across 126 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Repair, Rent, Service Charge & Insurance Notes Revision
The following is a plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
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
careful about repairing are whose "inherent defect" under covenant to responsibility repair
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
****************************End Of Sample*****************************
Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.