331. Factors distinguishing repairs from improvements.

To assist in drawing the distinction between works which amount to repair and those which do not, the courts have identified a number of factors. Repair has been said to be restoration by renewal or replacement of subsidiary parts of a whole; whereas renewal, as distinct from repair, is reconstruction of the entirety, meaning by entirety not necessarily the whole but substantially the whole subject matter under discussion1. Thus, where the demised building is erected on inherently defective foundations, the tenant is not liable to substitute new foundations2. Similarly, where a drain is unsuitable and the local authority constructs