good repairThe sort of condition in which a fair minded tenant would maintain a property; "such a state of repair as will satisfy a respectable occupant using [the premises] fairly; but not that state of repair which an owner or tenant might fancy." Cooke v Cholmondeley (1858) 4 Drew
326, 328, 62 Eng Rep 126. In general, a term in a lease that uses the words 'good repair' or 'good and substantial repair' requires a tenant to maintain the property in as satisfactory a condition as another tenant would expect of the same property, but not better. It excludes major structural repair, alterations or any improvement required to the leased property; but does not exclude putting
a property into a good state of repair, having regard to the age and class of building. Good repair is generally synonymous with tenantable repair, the latter term merely emphasizing that the standard of repair should be judged by that which would be required by an incoming tenant.
Anno: 45 ALR 12: Tenant's Covenant to Repair, IIIc "Good order and condition". Anno: 20 ALR2d 1331, 1342: Lessee's Covenant to Repair, § 9 "Good order and condition". |
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