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Keep the premises in good repair

The obligation to keep premises in good repair is a fundamental aspect of lease agreements, carrying significant legal implications for tenants and landlords alike. This guidance note provides expert analysis on the scope and limitations of repair obligations under current property law. Practitioners must understand how these evolving legal requirements affect lease negotiations and ongoing tenancy responsibilities.

Topics Covered

  • Tenants’ make good obligations at end of lease — general
  • Tenants’ make good obligations at end of lease — specific to industrial and retail premises
  • Commercial leases (all jurisdictions)

Essential Insights

  • Assess how tenant repair obligations are limited by the premises’ initial condition at lease commencement.
  • Consider the nuanced impact of fair wear and tear versus tenant-caused damage on repair liability.
  • Recognise the complexity of capital and structural repair responsibilities tied to tenant conduct.
  • Apply strategic due diligence checklists to mitigate unforeseen repair costs before lease finalization.
  • Understand jurisdiction-specific variations and case law influencing make-good obligations.

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