Covenant to Repair in United Kingdom

Definition of Covenant To Repair

In accordance with the work A Dictionary of Law, this is a description of Covenant To Repair : A clause contained in most *leases that sets out each party’s obligations to carry out repairs. The standard of repair depends on the terms of the covenant and the kind of property. The general rule is that the property must be maintained in the condition that a reasonable tenant of that property would expect. The person carrying out the repairs must, so far as possible, restore the property to the condition it was in before the damage occurred. In the case of a block of flats or offices, the landlord is often responsible for external, and the tenant for internal repairs. When one party alone is responsible for repairs, this is more likely to be the landlord in the case of a short lease and the tenant in the case of a longer lease. A landlord is liable by statute to repair the structure and exterior and the appliances for heating and sanitation in a dwelling house let for less than seven years.

If the tenant does not fulfil his repairing obligations the landlord’s remedies are *forfeiture or suing the tenant for damages. If the landlord is in breach of covenant, the tenant’s remedies are as follows: he can sue for damages equal to the difference between the value of the property as it is and the value it should have if repaired; he can sue for *specific performance, a court order to compel the landlord to carry out his obligations; or, if he is sure that the landlord is in breach of covenant and he has told the landlord about the breach, he can carry out the repairs himself and recover the cost from future rent.