T covenanted to ‘well and substantially repair and keep in thorough repair and good condition the demised premises and in such repair and condition to deliver them up at the end of the term.’ The front wall of the premises collapsed from natural decay and was condemned.
Held: Under such a covenant T promised to renew any subsidiary part of the premises which fell beyond repair. He was liable. Keeping a property in good condition involves doing everything necessary to put it in that condition by repair or renewal as necessary. The exact obligation may vary according to the character of the property.
Buckley LJ said: ‘A roof falls out of repair; the necessary work is to replace the decayed timbers by sound wood; to substitute sound tiles or slates for those which are cracked, broken, or missing; to make good the flashings and the like.’
Buckley LJ, Fletcher Moulton LJ
[1911] 1 KB 905, [1911-13] All ER Rep 41, [1911] 104 LT 290, [1911] 55 Sol Jo 290
England and Wales
Landlord and Tenant
Leading Case
Updated: 02 November 2021; Ref: scu.259867
