“well and substantially to repair cleanse maintain and amend and keep in good and substantial repair and condition the premises and all additions thereto (including all glass in windows and any sash cords and the door furniture) and the fixtures and fittings therein and the structure walls faiences vaults drains gas water and other pipes electric wiring and cables boilers radiators and heating apparatus and appurtenances thereto”. (2) By clause 2(3)(b): “at all times during the said term to keep any lifts and other machinery in and upon the premises and all shafts pillars pits and doors and cage work machinery motors and installations connected therewith and the air conditioning installations and ducting in good and substantial repair and condition and from time to time whenever necessary to replace renew and reinstate the same to the reasonable satisfaction of the Landlord his Surveyor and the Surveyor of the Insurance Office’ . . . ‘and to employ a reputable firm of engineers . . . for the purpose of servicing and maintaining the said machinery and other items referred to herein.’ (3) By clause 2(4), to clean and decorate in the last year of the term. (4) By clause 2(5), not to make “any structural alteration or addition to the premises or any part’ and against making ‘any structural alteration . . . to any fixtures or fittings therein or to any other item therein” (5) By clause 2(5), subject to consent not being unreasonably withheld, not to make “any other alteration or addition to the premises or any part thereof”. (6) By clause 2(5), subject to consent not being unreasonably withheld, not to “cut maim or injure . . . the walls floors roof timbers sky and lantern lights and other parts of the premises”. (7) By clause 2(6), not to fix any “machinery” on the exterior of the premises, without the written approval of the landlord. (8) By clause 2(10), to comply with all enactments “so far as they relate to or affect the premises or any additions or improvements thereto or the use thereof or any fixtures machinery plant or chattels for the time being affixed thereto or being thereupon”. (9) By clause 2(24), to pay the reasonable costs of preparation and service of a schedule of dilapidations. (10) By clause 2(27), to “yield up the premises with all additions and improvements thereto and with any lifts therein and all the landlord’s fixtures and fittings therein and thereon at the expiration or sooner determination of the term in good and substantial repair and condition in accordance with the covenants hereinbefore contained”
“Damages for breach of a covenant or agreement to keep or put in repair during the currency of a lease, or to leave or put premises in repair at the termination of a lease, whether such covenant or agreement is express or implied, and whether general or specific, shall in no case exceed the amount (if any) by which the value of the reversion (whether immediate or not) is diminished owing to the breach of such covenant or agreement as aforesaid . . .”
“The lease is dated 1973. The building is in the heart of the City of London close to the Lloyds Building. It was in 1973 and is now, a prestige block in the heart of the financial area. The standard of repair is that which is required to put such a 1973 building in repair. The tenant is not required to improve in 1973 building to the standard of 2008.”
“As if, by14 November 2008 , only those works in the ‘APPROPRIATE REMEDY’ column of the Scott Schedule had already been done”
“We also noted a number of other chairs on the felt covering and it is essential that all the said chairs are removed otherwise with people sitting in them the chair legs can cause indentations into the felt covering which can cause damage and allow rainwater ingress through the felt.”
“lots of pigeons; black shows their mess more than the colour now”
“The boilers would appear to still, if reinstated, have the ability to operate but after being drained down for such a long time the internal condition of the empty system could well render them effectively useless.”
“… I am of the opinion that the lack of maintenance, water treatment and general servicing of valves that had led to the poor condition and performance efficiency of the radiators (with many of them not being operational for years (as identified by First Property Services in 2006) . . . had resulted in a schedule of repairs that was so extensive that replacement was more cost effective.”
“I am of the opinion that the lack of maintenance, bacterial cleaning and general bad cork cutting of ducts (left with over names) that had led to the poor condition and non-operation of the ductwork distribution system had resulted in a schedule of repairs that was so extensive that replacement was more cost effective.”
“No circuit diagrams or fuse board charts, no warning signs, live cables left hanging from ceilings and floors, damaged switch sockets, overloading on circuits, excessive earth loop readings, ring main circuits not correct, equipment not fixed correctly, 20 year old fuse boards and MCBs no earth links on most of trunking and conduit systems. No earth cables to most circuits. No isolators on some equipment, circuits doubled up, old circuits not removed correctly.”
“[Tiger’s] response fails to address the requirement to reinstate the light fittings to an open plan configuration. The light fittings yielded up at lease expiry comprised various alterations, with non-uniform downlighters and spotlights having been installed over the course of the lease term, to suit [Tiger’s] bespoke partitioned office layout. [Tiger] has accepted the need to remove the partitioning but has not commented upon the subsequent requirement to reinstate the light fittings back to an open plan configuration. Furthermore, it was necessary to remove the light fittings to facilitate the M&E repair works within the ceiling void. Having been removed the light fittings were not capable of being reinstated, due to condition and unsuitability given they relate to [Tiger’s] bespoke fit out rather than the open plan configuration required by the lease. The remedial works undertaken are therefore considered reasonable and merely represent a modern cost effective equivalent of the original installations, as you could not replace with 1970s original fittings.”
“In the Claimant’s expert’s opinion, if the Properties were in the state of repair alleged by the Defendants that they should have been in, this would result in a reduced capital value of the Properties only insofar as it had any effect on the rental value and/or marketing period (and not because further works would be necessary). In the Defendants’ expert’s opinion, the gross development value is arrived at by utilising the same annual rent and an appropriate yield deferred by the combination of the period within which “the necessary works” (as defined below) are undertaken plus the marketing void and rent free. The works in this instance would be the total cost of the works (ie. total cost of all the works that would be undertaken by a hypothetical purchaser) less those items which would not be the subject to supersession had the appropriate remedy work been undertaken by the Defendants prior to the term dates (ie. those items which would have survived any alterations and improvements that a prospective purchaser would have carried out).”