A tenant’s obligation to repair is an important feature in any business lease. Care must be taken when agreeing to either one as the repercussions could be considerable!
The two main types of repairing obligations are as follows:
Full repairing. In such circumstances the tenant is responsible for the whole of the property (all internal and external aspects of the property).
Interior repairing. In this case the tenant is responsible for the interior aspects of the property.
Landlords will seek to enforce a full repairing lease on tenants as this is the best option for them. If this is the case then the tenant should consider and agree with the landlord the state of the building as at the date that he takes on the Property and use this as his point of reference or yardstick in the lease.
This is often referred to as a schedule of dilapidations. It is wise to perhaps instruct an independent surveyor to undertake this task.
The reason for this is if the condition of the property is rather poor, the tenant would still be obliged to bring the property in to a good state of repair at the end, from the tenant’s perspective this would seem rather unfair.
When reviewing the lease the tenant should take care in looking at the definitions of the interior and exterior aspects ensuring that they are clearly defined.
Seek comfort form the landlord as to the obligations on the part of other tenants (if applicable) and insurance requirements on both the landlord and the tenant.