Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013) relates to repairing obligations on commercial premises but it’s worthy of note because it contains general information about duties of repair which will equally apply to residential premises.

Ms Flores was the tenant of commercial premises at 104 and adjoining 106, Cromer Street, London, WC1 under two leases (one for each building) from the the landlord, Community Housing Association Limited (“CHAL”), from June 2000. The rents being £5,500 and £9,000 per annum respectively.

Under both leases the tenants covenanted to put and keep the demised premises in good and substantial repair, decoration and condition (clause 5(6)(b)) and to decorate them every three years (clause 5(6)(c)) but there was no corresponding covenant by the landlord to repair those parts of the building which it had retained. Instead its only express covenants were that the tenant should have quiet enjoyment of the demised premises (clause 7(1)) and an insurance covenant (clause 7(2)) which (so far as material) was in these terms: ... Please login or signup to continue reading this content

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