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Landlord's obligation

Implied obligation to repair

No implied obligation to repair retained parts

Gavin v Community Housing Association Ltd
[2013] EWCA Civ 580

Summary

The Court of Appeal refused to imply into a lease of part of a building an obligation on the landlord to repair the retained parts where the lease contained no express covenant requiring the landlord to do so.

Facts

A tenant (T) took a 6-year lease of commercial premises from a landlord (L). The premises consisted of the ground floor and basement of a building, the upper floors of the building having been retained and let by L as residential flats.

The premises were defined to include the internal plaster, ceiling and floor coverings, the doors and windows, and all conduits within the demise. L retained the structure of the building, including the soil pipes on the rear of the building that served the residential flats on the floors above the demised premises.

L was required to insure the demised premises and the retained parts, but gave no express covenant to repair the retained parts of the building. There was also a rent cesser clause ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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