Responsibility for repairs is a common source of dispute between landlords and tenants.
Responsibility for repairs is a common source of dispute between landlords and tenants. The repairing obligations will be set out in the lease.
In the case of a long lease of a whole building, it is usual for the tenant to be responsible for the full building repairs. In the case of a unit that is part of a larger building there will usually be a management scheme for repairing the common parts and the structure with the tenant being responsible for internal repairs and also a contribution to the service charges to meet the costs of repairs. With short term leases it is generally the case that the majority of the repairs will be the responsibility of the landlord. Often in short term lettings the repair clause could be reduced to internal repairs only with further reduction for wear and tear.
The correct wording of the repairs clause is extremely important as it will set out the extent of the repairs which must be carried out in order to conform with the obligation “to repair”. A tenant will need to ensure that the correct wording is used so that it is only necessary to carry our repairs to restore the premises to the same condition the premises was in when the tenant took occupation.
However, authorities have found that certain repair clauses can include the responsibility to restore / renew or replace. In this regard, it is maintained that including a term such as ‘keeping the building in repair’ can involve a duty to put a property into repair even if the property was in a poor state at the time of granting the lease.
A prime example of this is the case of a newly built property. A tenant’s repairing covenant could apply even if the required works are due to defects in the building and therefore they could be liable to repair same. For this reason, we would strongly recommend that tenant insist upon guarantees and warranties from the building contractors and designers to cover such eventualities or that the repair clause is at the very least amended to remove their repairing obligations in respect of inherent latent or construction defects in the property.
An onerous repairs clause could result in a landlord serving a “Schedule of Dilapidations” requiring detailed repair and upgrade works. The repairs clause would usually state that if the tenant fails to undertake the works within a certain time limits, the landlord may enter the property to do the works and recover the costs. A Schedule of Dilapidations can prove expensive and onerous for a tenant. In the case of a lease of a second hand building, we would strongly advise tenants to seek to have a schedule of condition incorporated so as to limit their repairing obligation to take account of the pre-existing state of repair of the building at the start of the lease.
Ultimately, where a dispute arises it will fall to the courts to decide on the intentions of the parties in any given case. Consequently, it is recommended that the lease should clearly reflect the extent of the obligations envisaged by the parties to the lease when drafting the repairs clause.
If you need the help of a Dublin property solicitor or a commercial lawyer, contact us and let assist you with your case.
(c) Cosgrove Gaynard Solicitors. All rights reserved.
Check out our other blog on out our other blog on commercial lawyers Ireland.
Suffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.
Text LinkBuying or selling property in Ireland? Discover why hiring a property solicitor is essential for a smooth, legal, and stress-free transaction. Get expert tips today.
Text LinkAs electric scooters (e-scooters) become more popular across Ireland, particularly in cities like Dublin, Cork, and Galway, the number of e-scooter accidents is also rising. Whether you're a rider, pedestrian, or driver involved in an incident with an e-scooter, understanding your legal rights is crucial. This guide explains e-scooter accident claims in Ireland, including who can make a claim, the process involved, and how compensation is calculated.
Text LinkFolding airplane steps may seem like a routine part of airport operations, but they carry serious risks if not properly managed. Negligence in their maintenance or deployment can lead to injuries and legal liability for a personal injury claim for compensation for these injuries under the Montreal convention. We have been involved in a number of cases against airlines where stairs were found to be faulty, negligent, not fit for purpose or used in the incorrect manner or weather. The cases we have listed illustrate that injuries on folding airplane steps can qualify as "accidents" under the Montreal Convention, depending on factors like the condition of the steps, the airline's adherence to safety protocols, and the circumstances surrounding the incident.
Text LinkBeing involved in a road traffic accident is a traumatic experience, but when the driver responsible flees the scene, the emotional and financial toll can be even greater. In Ireland, there is a legal pathway for victims to seek compensation—even when the offending driver is untraceable.
Text LinkIf you've suffered an injury while boarding or disembarking from an aircraft via steps, you may be entitled to compensation under Irish law and international treaties like the Montreal Convention.This guide breaks down your rights, the claims process, and what to do if you’ve been injured on airplane steps in or around Ireland.
Text Link39 Waterloo Road,
Dublin 4
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047