A Sad State of Repair - Liability for Maintaining Leased Business Premises

Covenants for the care and maintenance of business premises receive little attention when leases are negotiated, yet these covenants often cause arguments later because of onerous or uncertain liabilities. When repair or outgoings covenants are not explicit, current laws provide little protection for either the landlord or the tenant. Generally, landlords' solicitors draft covenants to the advantage of landlords but legal disputes are endemic. This article suggests ways in which the lease covenants that govern the repair and management of business premises could be drafted to achieve more harmony.