Leases often contain repairing obligations by reference to the ‘structure’ of the building in question but what does this mean? In a recent case the Court of Appeal ruled that internal plasterwork forms part of the structure of the building and that any discussion as to the exact nature of the plasterwork is irrelevant. Although the case concerned residential premises, the Court of Appeal’s decision will apply to all structures, including commercial buildings.
The Court of Appeal held that for the purposes of the landlord’s obligation to repair the structure and exterior, the plaster applied to the internal walls and ceilings of a dwelling-house formed part of the structure and was not merely decorative finish.
Most commercial leases will contain a definition of the demised premises and (possibly) a definition of the “structure”. This definition should leave no room for doubt or argument. It is also sensible to ascertain what service charge provisions are imposed on the landlord with regard to the “structure” to avoid unwelcome surprises.
Landlords should not be misled by the concept that a “structure” should be a structural part of a building. As this case has shown, it can extend beyond the minimum structural elements, depending on the context.
