Covenant to Repair Lecture Notes

A set of flashcards covering the legal principles, definitions, and statutory provisions regarding covenants to repair, based on the tenancy laws of Lagos and general property law.

What is the definition of 'repairs' in the context of the premises?

The replacement of subsidiary parts of the premises, such as replacing a table leg or a leaking tap.

How does 'renew' differ from 'repair' in property law?

Renew refers to the replacement of subtracted parts or the whole of the premises, such as replacing an entire table instead of just its leg.

Why is it paramount to use the word 'repair' rather than 'renew' in a covenant?

The word repair protects the reversionary interest of the owner and the value of the property without requiring total replacement.

What is meant by the 'reversionary interest' of an owner?

It means that after the tenant finishes using the property, the possession and interest in the property go back to the original owner (the landlord).

What must a tenant's covenant to repair be qualified with to avoid excessive liability?

It must include 'fair wear and tear' and specify that the state of repair should not be more than it was at the commencement of the lease.

How does the duration of a lease affect repair obligations?

In a lease of short duration, the landlord usually has more obligation to repair; in a lease of longer duration, the tenant usually has more obligation.

According to the lecture, who should ideally be responsible for structural repairs?

The lessor (landlord).

What are examples of 'structural parts' that are the responsibility of the landlord?

The foundation, the roof, the floor structure, and the walls.

Which case identifies the three kinds of repairs (structural, internal, and common areas)?

Demuren case.

What are examples of 'internal repairs' which typically fall to the tenant?

Locks, sewage, plumbing work, wardrobes, and electrical appliances.

Who is responsible for repairs to 'commonly used areas' such as elevators, staircases, and main entrance gates?

The landlord.

Under Section 8 sub 4 of the tenancy law of Lagos, when is a tenant relieved from liability to repair?

When the disrepair or dilapidation resulted from the operation of wear and tear or natural causes.

What does Section 7 sub 3 of the tenancy law of Lagos require solicitors to consider when drafting a covenant?

The character, locality of the premises, and the nature of the property.

What is the standard practice before a tenant enters the premises?

Both the landlord and tenant inspect the house, take an inventory of items, and record the state of important structures.

Why is 'to keep the premises in a good state of repair and to deliver possession' considered a 'bad draft'?

It lacks provision for the landlord to enter/take inventory, doesn't state when repairs start, and leaves the tenant unprotected regarding fair wear and tear.

What expressions are considered synonymous with 'tenantable repair'?

'Good repair' and 'good habitable repairs'.

What is implied by the phrase 'reasonable wear and tear accepted'?

The lessee is relieved from liability for disrepair resulting from reasonable use and defects caused by natural elements.

What are the two mentioned advantages of covenants to repair?

They are easy to determine and they facilitate the payment of a refundable deposit at the end of the term.

What are the remedies available when a tenant in possession breaches the covenant to repair?

Service of a notice to repair, order for forfeiture (if in lease), action for specific performance, and action for damages.

What remedies are available to a landlord when a tenant is no longer in possession and has breached the covenant?

Action for damages to the tune of the repair costs and action for loss of rent.

Does a landlord's breach of the covenant to repair allow a tenant to withhold rent?

No, the tenant does not have a remedy of withholding rent.

Can a tenant justify leaving before the end of a lease term and demand a refund because the landlord failed to repair?

No, the tenant cannot justify leaving early or ask for a refund of rent on those grounds, though they may seek specific performance or repair and deduct costs.