Review of Repairing Covenants
There is often uncertainty as to the repairing and maintenance obligations and rights of the parties under a lease. We provide specialist advice to both Landlords and Tenants on such matters, including claims for service charges and planned maintenance.
Our starting point is always the lease, which forms the basic contract between the parties. As specialist Chartered Building Surveyors we are able to assist during inception of a lease to help avoid ambiguity and ensure it is relevant to the property as a whole and the demise in question. More often than not, we only become involved after a lease has been entered into and when a problem arises.
Leases vary a great deal but generally fall within two main categories: a full repairing and insuring lease or an internal repairing and insuring Lease.
In a full repairing and insuring lease, the Tenant is responsible for all repairs to the property. This type of lease is typical where the Tenant occupies all of the building.
An internal repairing and insuring lease provides for the Tenant to be responsible for all the repairs to the internal fabric up to a defined point and the Landlord for the external repairs, plant and machinery (for example boilers and lifts). leases of this kind are typical in multi-tenanted buildings.
Whether Landlord or Tenant, we can act for you and undertake a detailed review of the lease and associated legal documents such as Deeds of Variation, Licences to Alter and Schedules of Condition to advise upon how to deal with the matter in the most effective way.