The tenant took a lease for under 7 years, accepting repairing and other obligations. The question was how those obligations fitted the landlord’s implied obligations under section 32, and the effect of the section on decorating covenants. The landlord argued that the decoration was not repair, that the statutory implied obligations were to be subtracted from the lease, and that the remaining express covenants had effect.
Held: The phrase ‘structure and exterior of the dwelling-house’ did not mean the entire dwelling-house, or the building as constructed. The structure is that part of a building giving it its shape, stability and basic appearance, rather than to those elements which made it habitable. A separate garage and gates were not part of the structure, and nor were the internal plastering and door furniture. The windows, and the several parts of them did fall within section 32. The tenant’s obligations to decorate the exterior of any part of the structure were covered by s32 because this involved a protection against the elements. Most elements of decoration would involve some element of maintenance.
Citations:
[1991] 1 EGLR 261
Statutes:
Citing:
Applied – Campden Hill Towers v Gardner CA 1977
A flat was let by an underlease for seven years. The lease excluded the outside walls of the flat, but the tenant covenanted to pay for repairs to the building through a service charge. The tenant refused to pay the service charge which included the . .
Cited – Pearlman v Keepers and Governors of Harrow School CA 14-Jul-1978
The court considered the finality of decision of a county court judge regarding the interpretation of the phrase ‘structural alteration’ in the 1974 Act. Paragraph 2 (2) of Schedule 8 provided that the determination of the county court judge ‘shall . .
Cited by:
considered – Bent v High Cliff Developments Ltd and Another ChD 2-Sep-1999
The replacement by a tenant of windows in a flat did not amount to structural alterations. The lease was clear as to what could constitute such alterations, and despite the different uses of the term in the lease, it clearly did not include either . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 12 May 2022; Ref: scu.183196