Q&As

Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance but they would not pay out as the roof was not repaired.

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 30/06/2017

The following Property Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance but they would not pay out as the roof was not repaired.
  • Repair
  • Insurance
  • Roof demised to tenant or no written tenancy

Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance but they would not pay out as the roof was not repaired.

In answering this Q&A, it is assumed that the roof is not demised to the tenant and that there is a written tenancy.

The landlord and tenant’s respective responsibilities in relation to repair of the roof will depend on the terms of the lease.

Repair

It is normal in leases for there to be a duty on the landlord to repair the retained parts.

In relation to commercial premises, the absence of an express covenant, a landlord gives no warranty that the premises are or will remain physically fit for the use contemplated and is not liable to do any repairs other than those imposed on him by common law or statute. Neither imposes any specific obligations as to fitness on a landlord of business premises towards his tenant purely because of the relationship of landlord and tenant.

There have, however, been several cases in recent years where the courts have held a landlord of residential premises liable to the tenant outside the express terms of the lease, either in negligence or by implying a term into the lease, and commercial conveyancers and their litigation colleagues need to be aware

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