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26 April 2013 / Nicholas Asprey
Issue: 7557 / Categories: Features , Property
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Read the small print

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A covenant to keep a property in good & substantial repair & condition can hold hidden pitfalls, as Nicholas Asprey reports

Leases sometimes contain a covenant to keep the property “in good and substantial repair and condition”. In effect, this is two covenants; namely, a covenant to keep the property in good and substantial repair and a covenant to keep the property in good and substantial condition. This article examines how the covenant to keep in good condition has potential to go beyond the liability to keep in good repair. This is not a new topic but there are unresolved issues and the potential for the second covenant to go beyond repair is not always understood.

It must be emphasised that each case turns on the particular covenant construed in its own context and surrounding circumstances, as was emphasised by Robert Walker LJ in Welsh v Greenwich LBC [2000] 3 EGLR 41. The factors to be taken into account were described by Nicholls LJ in Holding & Management Ltd v Property Holding & Investment

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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