| 释义 |
covenant to repair
A clause contained in most leases that sets out each party’s obligations to carry out repairs. The standard of repair depends on the terms of the covenant, the kind of property, and the nature of the surrounding area. The general rule is that the property must be maintained in the condition that a reasonable tenant of that property would expect. The person carrying out the repairs must restore the property to the condition it was in before the damage or want of repair arose: this is the case even if the property was damaged or in disrepair at the commencement of the lease. In the case of a block of flats or offices, the landlord is often responsible for external, and the tenant for internal, repairs. When one party alone is responsible for repairs, this is more likely to be the landlord in the case of a short lease and the tenant in the case of a longer lease. A landlord is liable by statute to repair the structure and exterior and the appliances for heating and sanitation in a dwelling house let for less than seven years (Landlord and Tenant Act 1985 s 11). If the tenant does not fulfil his repairing obligations the landlord’s remedies are forfeiture or suing the tenant for damages. The measure of damages is the difference in value of the premises as they stand and the value of the premises fully repaired (Landlord and Tenant Act 1927 s 18). If the landlord is in breach of covenant, the tenant’s remedies are as follows: he can sue for damages (including costs of alternative accommodation if required); he can sue for specific performance, a court order to compel the landlord to carry out his obligations; or, if he is sure that the landlord is in breach of covenant and he has told the landlord about the breach, he can carry out the repairs himself and recover the cost from the landlord. |