The following Property guidance note provides comprehensive and up to date legal information covering:
Unless there is clear wording to the contrary (eg a schedule of condition), a covenant to repair requires the tenant to undertake work that, having regard to the age, character and locality of the property, would make it reasonably fit for occupation by a reasonably minded incoming tenant of the class who would be likely to take it, taking a lease on the same terms as the actual lease.
A covenant to 'well and substantially to repair' does not require the tenant to put the property into perfect repair or pristine condition, but to a standard which an intending occupier of the sort of building in question would judge reasonable by reference to the intended use of the premises. The test is objective.
Unless there is clear evidence to the contrary, the standard of repair is assessed by reference to the circumstances, including the state of the property, at the start of the term. In general, a change in the class of tenants likely to require the property or in the quality of the neighbourhood during the term of the lease does not impact on the standard of repair required. However, it may have an impact on the damages awarded for a breach of the covenant.
Therefore, an identically worded repairing covenant in
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