Specialist lawyers for advice on risks and rewards of FRI leases.
A full repairing and insuring lease is a type of lease which places responsibility for the repair of the external, internal and structural format of the property with the tenant. In limited situations there are exceptions to this.
As the name suggests, one of the most important clauses in these types of leases is the one that relates to the responsibility for the repair of the property. This obligation rarely varies from tenant to tenant, and normally involves ensuring that the property is maintained to a ‘tenantable’ standard.
The problem with this type of lease is that irrespective of the cause of the damage to the property, the tenant will still be under an obligation to repair the property and disputes arise commonly as to whether the tenant has maintained the property to the tenantable standard above. This is true even if the cause is due to negligence on the part of the landlord, or due to a problem which could not be foreseen either by the landlord or the tenant.
Normally the only exception where the tenant will be relieved of his obligation to repair the property is in a situation where the landlord has already insured against that risk. If damage is caused by this insured risk, then the tenant will not need to repair the property himself. The information relating to this will be found in the buildings insurance policy.
The pitfall of signing up to a lease of this nature is that you will constantly and continuously be responsible for the maintenance of your property and such an obligation should be very carefully considered if it involves a situation where you are leasing a small office or shop in large building or where the premises you are leasing are part of an older building or which are not in good condition to begin with.
Ensuring the property is at the standard of a ‘tenantable’ condition is often a higher bar than what the court might deem is necessary, and therefore you are held to more stringent requirements when it comes to repairing and maintaining your property.
Get a Surveyor
If you are happy to enter into a full repairing and insuring lease, you should consider getting a surveyor in to the property in order to examine the state of the premises. With the consent of the landlord, you may then be able to incorporate into your contract a schedule of condition. This then provides a record of the state of the premises at the beginning of the contract. You will then be aware of any important structural damage to the property that may need constant repair before you enter in to the contract, so you will be better informed as to whether you want to go ahead with the signing of the contract.
Maintenance of structure and roof
As a tenant, one of your biggest concerns will probably be the maintenance and repair of the roof of the property, as this can often be quite a costly and time consuming procedure to be involved in. If a surveyor has examined the property, they will have examined the roof themselves, and so you will be able to get information on the structure of the roof and its durability should you have had any concerns previously.
It is important to ensure you are aware of all the potential costs you could incur when you lease a new property. One of the most important of these is how much you will have to spend on maintenance and repair, particularly if you are signing a full repairing and insuring lease, as this obligation will lie with you. It is therefore advisable that you are knowledgeable of all the terms in your lease, and should you have any queries, it is best to contact a professional.