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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice
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Does an obligation to repair, in property law, include replacement

Resolved Question:

Does an obligation to repair, in property law, include replacement if repair is no longer feasible?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Residential property held on long lease, with freeholder responsible for structure and for repairing doors and windows.

Expert:  Jo C. replied 3 years ago.
Thanks

If there is an obligation to repair them, that is definitive. They must be repaired.

If the cost of repair is economically not viable, then it is implied that they could be replaced because presumably the landlord does not want to spend more on repair than replacing.

Technically, anything can be repaired even if 99.9% of it needs to be replaced, the only argument therefore is that it is not economical to repair.

That is not a problem for the tenant but one for the landlord.

If that was not the case, as soon as the windows etc became really bad, the landlord could argue that they were no longer repairable and could let them fall out.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks. All that time at evening classes, me that is, was not wasted!!

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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