Member Talk: Repair Provisions
This bite‑size discussion examines the practical and legal meaning of repair obligations in leases, focusing on the distinctions between tenantable repair, good and substantial repair, and obligations limited by a schedule of condition. The session highlights how tribunals assess disrepair, the limits of a tenant’s obligation, and why modernisation or ...
In this short video, our expert speakers explore the recent Upper Tribunal decision in Mount View Estates v W8 Property. Drawing on Kevin’s role as expert surveyor in the case, they unpack how the tribunal approached a flat that was dated, dirty, and cosmetically tired, yet still legally in repair because fixtures and services remained functional.
This discussion provides clear, practical guidance to support confident advice at the instruction‑taking stage — helping practitioners navigate increasingly nuanced repair clauses, manage client expectations, and reduce the risk of disputes at lease end or during valuation exercises, it covers
- Meaning of “repair” in lease obligations
- Distinctions between tenantable repair and good and substantial repair
- The tribunal’s approach in Mount View Estates v W8 Property
- Assessing whether disrepair exists before considering standard
- Cosmetic deterioration vs genuine disrepair
- Impact of locality and original condition at grant of lease
- Whether renewal obligations change the analysis
- Practical implications for valuation and lease‑end compliance
- Why schedules of condition remain the safest option for tenants
Speakers:
- Nina Wilson, Commercial Property Solicitor, Wilson Brown
- Kevin Ryan, Consultant, Carter Jonas
This video was recorded on 1 Sept 2026
To view the full video, sign In or become a Section member today.
This is premium content
In order to access this content you must be a member of the Property Section and logged in.
If you have not registered before, register now to gain access to this content. You must use the email associated with your section membership.
Log inNot a Property Section Member?
Join nowif you require assistance with joining this section, please email us at msadmin@lawsociety.org.uk or call us on 0207 320 5804