The Lease states that the Tenant is to repair the premises but surely the Landlord cannot insist the Tenant is responsible for items of disrepair which were present at the date of the Lease?
Liability for repairing the premises depends on the wording of the lease. For example, an obligation to “keep the premises in repair” means the premises must be first put into repair (taking into account the age, character and locality of the premises) and then kept in repair. This could involve the Tenant in repairing damage which occurred prior to the start of the lease. A Tenant wishing to avoid this should seek legal advice as to the wording of the lease and may be advised to have a ‘Schedule of Condition’ prepared or even photographs taken to record the condition of the property on the day the lease was granted.
Related Questions
- The Lease states that the Tenant is to repair the premises but surely the Landlord cannot insist the Tenant is responsible for items of disrepair which were present at the date of the Lease?
- Is the landlord or the tenant responsible for repairing damage to the premises which occurs during the term of the lease?
- I lease the premises we occupy from a landlord. Who is responsible for putting the register in place?