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Real Estate Research starts here! | International Commercial Property | Commercial Law Firms | International Real Estate |      Dec 15, 2019

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good repair

The 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.

In the US, it has been held that expressions such as ‘good condition’, ‘sufficient repair’ or ‘first class repair’ do not radically change the required standard of repair (Puget Inv. Co. v. Wenck, 36 Wash.2d 817, 221 P.2d 459 (1950)). Also it has been held that the duration of the lease, the type of property and other considerations should be taken into account when interpreting such words, including the use to which the property is put. (Green v. Eden 2 Thomp & C 582; Lehmaier v. Jones, 100 App Div 495, 91 NYS 687, 689 (1905)). See also habitable.

bibliographical references:
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".
Real Estate Terms in bold are defined elsewhere in the Encyclopedia.

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