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Commercial Lease Repair And Maintenance Obligations In The United Kingdom

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Understand key repair and maintenance duties in commercial leases and how they affect landlords and tenants. This guide complements our AI Generated British Commercial Tenancy Agreement resources, helping you review obligations more confidently.
Repair topic
Obligation summary
Area covered
Common variations
Supporting evidence
Tenant obligation
Full repairing lease
Tenant keeps the premises in repair and may be liable even if disrepair existed at the start.
Whole property
Often limited by schedule of condition, fair wear and tear, insured risks or landlord retained parts.
Schedule of condition, pre-lease survey, photographs, heads of terms.
Internal repair
Tenant repairs and maintains internal non-structural parts of the demised premises.
Internal areas
May exclude structural walls, roofs, main services, latent defects and fair wear and tear.
Lease plan, internal condition schedule, inventory, contractor reports.
Depends on lease structure
External repair
Repair of roof, walls, foundations, windows, doors, drains and external surfaces.
External structure
Landlord retained in multi-let buildings
tenant responsible in whole-building FRI leases.
Building survey, roof report, drainage survey, photographs, lease demise plan.
Structural repair
Covers foundations, load-bearing walls, beams, columns, roof structure and main structural elements.
External structure
Often landlord responsibility in multi-let property, recovered through service charge.
Structural survey, engineer report, lease plan, service charge provisions.
Roof repair
Responsibility for roof coverings, gutters, downpipes, flashings, rooflights and roof structure.
External structure
May exclude roof structure or be limited by schedule of condition or insured risks.
Roof survey, drone photographs, maintenance logs, leak records.
Windows and glazing
Repair or replacement of glass, frames, shopfronts, seals and opening mechanisms.
External structure
Shopfront glass often tenant responsibility
structural frames may remain landlord responsibility.
Photographs, glazing certificates, shopfront drawings, breakage reports.
Doors, shutters and access systems
Repair of entrance doors, fire doors, roller shutters, locks, keypads and access controls.
Fixtures and fittings
Tenant usually responsible for exclusive doors
landlord for common entrance systems.
Maintenance logs, access records, contractor invoices, fire door inspection reports.
Tenant obligation
Floors and floor coverings
Repair of floor finishes, raised floors, screeds and sometimes floor structure within the demise.
Internal areas
Structural slabs may be excluded
wear from ordinary footfall may be treated differently.
Condition schedule, flooring specification, photographs, fit-out drawings.
Ceilings and suspended ceilings
Repair of ceiling finishes, tiles, grids, access panels and tenant-installed ceiling systems.
Internal areas
Damage from roof leaks may be excluded if landlord controls roof repair.
Photographs, water ingress reports, fit-out plans, maintenance records.
Internal walls and partitions
Repair and maintenance of plaster, finishes, demountable partitions and non-structural internal walls.
Internal areas
Structural and load-bearing walls usually excluded unless expressly demised.
Lease plan, fit-out drawings, photographs, reinstatement licence.
Internal decoration
Tenant redecorates internal surfaces at intervals and at lease end using suitable materials.
Internal areas
Intervals commonly every three to five years
final decoration often in last months of term.
Decoration schedule, paint specifications, dated photographs, invoices.
Depends on lease structure
External decoration
Painting, treating or finishing external joinery, metalwork, render and exposed surfaces.
External structure
Landlord may undertake through service charge
tenant may control shopfront decoration.
Cyclical maintenance schedule, photographs, contractor specifications, service charge accounts.
Services and utilities
Repair of pipes, cables, meters, drainage, water, gas, electricity and data infrastructure serving the premises.
Fixtures and fittings
Tenant usually repairs exclusive services
landlord repairs shared mains or risers.
Service plans, meter records, contractor reports, compliance certificates.
HVAC systems
Maintenance and repair of boilers, chillers, air conditioning, ventilation and controls.
Fixtures and fittings
Tenant may maintain exclusive units
landlord may manage central plant via service charge.
PPM records, F-gas records, commissioning certificates, service contracts.
Tenant obligation
Electrical installations
Keep wiring, distribution boards, lighting and electrical equipment safe and in working order.
Fixtures and fittings
Landlord may retain shared electrical systems
tenant commonly obtains EICR and PAT records.
EICR, PAT records, lighting certificates, maintenance invoices.
Depends on lease structure
Gas installations
Maintain gas appliances, pipework and flues safely where included in the demise or under control.
Fixtures and fittings
Control and occupation affect statutory duties
lease may require annual gas safety checks.
Gas safety record, service invoices, appliance inventory, contractor reports.
Tenant obligation
Water and plumbing
Repair sinks, WCs, taps, tanks, internal pipework and sanitary fittings serving the premises.
Fixtures and fittings
Shared risers, mains and plant may be landlord retained and service charge recoverable.
Plumbing reports, leak records, service contracts, photographs.
Depends on lease structure
Drainage and sewers
Keep drains, gullies, traps, grease interceptors and private sewers clear and repaired.
Whole property
Tenant responsible for blockages caused by use
landlord may repair shared underground drainage.
CCTV drainage survey, blockage reports, grease trap records, drainage plans.
Shared obligation
Fire safety equipment
Maintain fire alarms, extinguishers, emergency lighting, sprinklers, signage and escape route systems.
Whole property
Tenant usually responsible within premises
landlord manages common systems and common parts.
Fire risk assessment, alarm test logs, emergency lighting certificates, extinguisher service records.
Depends on lease structure
Asbestos management
Dutyholder must manage asbestos risk in non-domestic premises and keep suitable records.
Whole property
Duty may fall on landlord, tenant or both depending on control and repair duties.
Asbestos survey, asbestos register, management plan, removal certificates.
Shared obligation
Statutory compliance
Comply with laws affecting occupation, use, repair, safety and alterations to the premises.
Whole property
Tenant covers occupational compliance
landlord covers retained structure and common parts.
Compliance audit, certificates, risk assessments, licences, notices from authorities.
Health and safety at work
Occupiers and employers must manage workplace safety risks arising from premises and equipment.
Whole property
Lease covenants may allocate costs, but statutory duties can still follow control and occupation.
Risk assessments, inspection logs, maintenance records, incident reports.
Fire safety legal duties
Responsible persons must assess and manage fire risks in non-domestic premises.
Whole property
Landlord often covers common parts
tenant covers occupied premises and work activities.
Fire risk assessment, evacuation plan, alarm logs, inspection records.
Landlord obligation
Minimum energy efficiency standards
Commercial landlords generally cannot let sub-standard non-domestic property without a valid exemption.
Whole property
Lease may restrict tenant works that reduce EPC rating or allocate energy improvement costs.
EPC, recommendation report, exemption register evidence, works invoices.
Insured risks damage
Damage by insured risks is usually covered by landlord insurance, not ordinary tenant repair.
Whole property
Tenant may remain liable for uninsured excess, exclusions, non-insurance or damage caused by tenant fault.
Insurance policy, claims correspondence, reinstatement specification, loss adjuster report.
Depends on lease structure
Uninsured risks
Allocates responsibility where damage occurs from a risk not covered by building insurance.
Whole property
May allow termination if reinstatement is uneconomic or insurance is unavailable.
Insurance exclusions, broker letters, surveyor report, reinstatement cost estimate.
Shared obligation
Service charge repairs
Landlord repairs retained parts and recovers allowable costs from tenants through service charge.
Common parts
Caps, exclusions, sinking funds, reserve funds, improvement restrictions and apportionment rules.
Service charge budget, accounts, invoices, managing agent reports, RICS code references.
Landlord obligation
Common parts maintenance
Maintenance of entrances, lobbies, stairs, lifts, corridors, yards, toilets and shared facilities.
Common parts
Cost usually recovered by service charge
standards may be reasonable or good estate management.
Estate regulations, maintenance schedule, service charge accounts, inspection reports.
Lift maintenance
Inspection, servicing and repair of passenger, goods or platform lifts serving the premises.
Common parts
Exclusive tenant lift may be tenant responsibility
shared lift costs usually service charge.
LOLER reports, service contract, call-out logs, insurance inspection reports.
Shared obligation
Accessibility and reasonable adjustments
Service providers and employers may need reasonable adjustments for disabled access and use.
Whole property
Alterations may need landlord consent
common part changes often require landlord involvement.
Access audit, consent application, risk assessment, works specification.
Tenant obligation
Alterations maintenance
Tenant maintains authorised alterations and additions and may need to remove them at lease end.
Fixtures and fittings
Licence for alterations may impose reinstatement, certification and landlord approval conditions.
Licence for alterations, plans, completion certificates, reinstatement specification.
Reinstatement
Tenant removes alterations, partitions, signage and fit-out and restores premises as required.
Whole property
Only required if landlord serves notice
may be waived or limited by alterations licence.
Alterations licences, reinstatement notices, original layout plans, terminal schedule of dilapidations.
Yielding up
Tenant returns the premises at lease end in the condition required by repair covenants.
Whole property
May require vacant possession, removal of goods, key return and compliance with reinstatement notices.
Check-out report, terminal dilapidations schedule, photographs, key handover receipt.
Dilapidations
Claims for breach of repair, decoration, reinstatement or yielding-up obligations during or after the term.
Whole property
Interim, terminal or final schedules
claims may be limited by diminution in value rules.
Schedule of dilapidations, Scott schedule, surveyor reports, photographs, costings.
Depends on lease structure
Dilapidations damages cap
Damages for disrepair may be capped by the reduction in the landlord's reversionary value.
Whole property
Relevant where landlord claims money after lease end rather than requiring works during term.
Valuation evidence, diminution report, dilapidations schedule, repair cost estimates.
Tenant obligation
Schedule of condition
Records initial condition and can prevent the tenant owing improvements beyond that condition.
Whole property
Must be clearly incorporated into repair, decoration and yielding-up clauses.
Photographic schedule, surveyor narrative, dated plans, signed lease annexure.
Depends on lease structure
Fair wear and tear
Excludes ordinary deterioration from normal use if expressly written into the covenant.
Whole property
Often excluded from decoration or yielding up
less common in full repairing covenants.
Condition photographs, usage records, maintenance logs, surveyor opinion.
Latent defects
Hidden construction or design defects may cause disrepair unless expressly excluded or covered by warranties.
Whole property
Tenant may seek exclusion, warranty rights or landlord responsibility for inherent defects.
Building survey, defect reports, warranties, construction documents, expert evidence.
Inherent defects
Original design, workmanship or material defects that may later require repair or replacement.
Whole property
Exclusion may cover remedying the defect but not consequential damage to tenant areas.
Patent defect list, collateral warranties, structural reports, maintenance history.
Repair versus renewal
Determines whether covenant requires patching, substantial replacement or renewal of worn elements.
Whole property
Lease may expressly include replacement where beyond economic repair.
Surveyor report, cost comparison, photographs, maintenance records, expert opinion.
Improvements and upgrades
Works improving rather than repairing the property may be treated differently from recoverable repairs.
Whole property
Service charge may exclude improvements unless required by law or good estate management.
Service charge clause, works specification, surveyor report, consultation documents.
Shared obligation
Preventative maintenance
Regular servicing and inspections to prevent deterioration and keep systems operational.
Whole property
Lease may require planned preventative maintenance contracts for plant and equipment.
PPM schedule, service contracts, inspection reports, maintenance logs.
Landlord obligation
Landlord inspection and entry
Landlord may enter on notice to inspect condition, repair retained parts or check compliance.
Whole property
Emergency entry without notice
tenant must not obstruct reasonable access.
Entry notices, inspection reports, photographs, correspondence.
Tenant obligation
Notice to repair
Landlord may require tenant to remedy disrepair within a specified period after notice.
Whole property
If tenant fails, landlord may enter, do works and recover costs as a debt.
Repair notice, inspection schedule, contractor quotes, proof of service.
Depends on lease structure
Landlord self-help works
Landlord performs tenant's overdue repairs and recovers costs where lease permits.
Whole property
May require prior notice and reasonable time
costs may include surveyor and professional fees.
Notices, invoices, surveyor certificates, before and after photographs.
Tenant obligation
Notification of defects
Tenant promptly reports defects, damage or hazards affecting the premises or landlord retained parts.
Whole property
Often linked to insured risks, leaks, structural issues, plant failure and statutory notices.
Email notices, defect logs, photographs, incident reports, helpdesk tickets.
Shared obligation
Waste and refuse areas
Keep bin stores, waste areas, compactors and trade waste facilities clean and usable.
Common parts
Tenant handles its trade waste
landlord may manage shared refuse areas through service charge.
Waste transfer notes, cleaning logs, service charge records, photographs.
Pest control
Prevent and treat infestations affecting hygiene, fabric, occupation or neighbouring premises.
Whole property
Tenant liable if caused by use
landlord liable for structural entry points or shared areas.
Pest reports, treatment logs, hygiene inspections, photographs, contractor invoices.
Depends on lease structure
Landscaping and grounds
Maintain yards, landscaped areas, car parks, paths, boundary planting and external estate areas.
Common parts
Exclusive yard may be tenant responsibility
estate areas usually landlord service charge.
Site plan, grounds contract, service charge budget, photographs.
Car parks and hardstanding
Repair surfaces, markings, lighting, barriers, drains, kerbs and pedestrian routes.
Common parts
Exclusive demised parking may be tenant responsibility
shared estate parking usually landlord managed.
Lease plan, surface survey, accident reports, maintenance records.
Boundaries, fences and gates
Repair perimeter walls, fences, gates, bollards and security barriers within the demise.
External structure
Boundary ownership and estate layout may determine responsibility
security upgrades may need consent.
Title plan, lease plan, boundary survey, photographs, repair invoices.
Tenant obligation
Signage
Maintain, clean and remove tenant signs, fascia boards, projecting signs and branding.
Fixtures and fittings
May require planning advertisement consent, landlord consent and end-of-term removal.
Signage consent, photographs, planning records, installation invoices.
Shopfront maintenance
Maintain retail frontage, display windows, doors, fascias, shutters and customer entrance areas.
External structure
Landlord may control appearance, materials, colours and signage under tenant handbook.
Shopfront drawings, photographs, landlord approvals, glazing and shutter records.
Plate glass
Tenant repairs or insures large display glass and shopfront glazing against breakage.
External structure
May require immediate boarding-up, replacement to matching standard and insurance policy evidence.
Plate glass policy, photographs, replacement invoices, incident reports.
Depends on lease structure
Damp and water ingress
Identify and remedy leaks, condensation, penetrating damp or rising damp affecting the premises.
Whole property
Cause determines responsibility: roof, structure, plumbing, occupation practices or lack of ventilation.
Damp survey, leak trace report, photographs, humidity logs, contractor findings.
Shared obligation
Mould and condensation
Manage moisture, ventilation and surface conditions to prevent mould and deterioration.
Internal areas
Tenant use may cause condensation
building defects or poor ventilation may be landlord issues.
Ventilation reports, humidity readings, photographs, cleaning records, expert survey.
Depends on lease structure
Environmental contamination
Contaminated land liabilities can arise from historic condition, tenant use or statutory remediation duties.
Whole property
Lease may allocate clean-up duties and prohibit contamination, hazardous storage or polluting use.
Environmental report, baseline survey, spill records, remediation notices, permits.
Tenant obligation
Hazardous substances storage
Occupiers using hazardous substances must control risks and maintain safe storage arrangements.
Internal areas
Lease may require bunding, spill kits, permits, landlord approval and end-of-term decontamination.
COSHH assessments, storage records, spill logs, permits, inspection reports.
Shared obligation
Legionella control
Assess and control legionella risk from water systems under the party's control.
Fixtures and fittings
Tenant controls local water systems
landlord controls shared tanks, cooling towers and common services.
Legionella risk assessment, temperature logs, flushing records, water treatment reports.
Depends on lease structure
Cooling towers
Cooling towers and evaporative condensers require notification and ongoing water safety management.
Fixtures and fittings
Central plant usually landlord controlled
tenant plant may be tenant responsibility.
Local authority notification, water treatment records, risk assessments, service logs.
Security systems
Maintain alarms, CCTV, access control, shutters, locks and security lighting.
Fixtures and fittings
Tenant systems usually tenant responsibility
estate systems usually landlord service charge.
Alarm certificates, CCTV service logs, access control records, contractor invoices.
Tenant obligation
Data cabling and telecoms
Maintain tenant cabling, server room fittings, comms cabinets and telecoms installations.
Fixtures and fittings
Wayleave or landlord consent may be needed
removal may be required on yielding up.
Cabling plans, wayleaves, landlord consents, installation certificates.
Depends on lease structure
Plant rooms
Repair and maintain plant rooms, housings, equipment bases, access panels and associated services.
Fixtures and fittings
Shared plant rooms usually landlord retained
tenant plant may remain tenant responsibility.
Plant inventory, PPM records, lease plan, service charge schedules.
Meters and sub-meters
Maintain meters, sub-meters and related access needed to measure utilities consumption.
Fixtures and fittings
Utility company equipment may be outside both parties' direct repair duties.
Meter readings, installation records, utility bills, calibration certificates.
Landlord obligation
Landlord retained parts
Landlord repairs parts not demised to the tenant, such as structure, roofs and shared services.
Common parts
Costs often recoverable through service charge if properly within lease wording.
Demise plan, retained parts definition, service charge budget, inspection reports.
Tenant obligation
Tenant fixtures
Tenant maintains trade fixtures, counters, racking, equipment and removable business installations.
Fixtures and fittings
Removal allowed or required at lease end, with making good of damage.
Inventory, fit-out plans, installation invoices, reinstatement schedule.
Depends on lease structure
Landlord fixtures and base build
Repair of landlord-provided fixtures, base build systems and original fittings included in the demise.
Fixtures and fittings
Tenant may repair items in demise
landlord may maintain central or shared systems.
Specification, inventory, handover pack, maintenance manuals.
Tenant obligation
Cleaning and cleanliness
Keep premises clean, tidy and free from dirt, rubbish, staining and avoidable deterioration.
Internal areas
Landlord may clean common parts and recover cost through service charge.
Cleaning schedules, hygiene records, photographs, contractor invoices.
Shared obligation
Green lease maintenance
Maintenance duties aimed at preserving energy efficiency, environmental performance and sustainable operation.
Whole property
May require data sharing, efficient plant operation and restrictions on wasteful alterations.
EPC, utility data, green lease memorandum, plant maintenance records.
Tenant obligation
Tenant damage
Tenant repairs damage caused by its staff, contractors, customers, visitors or business operations.
Whole property
May include damage to common parts caused by deliveries, fit-out or misuse.
Incident reports, CCTV, photographs, contractor invoices, correspondence.
Depends on lease structure
Third-party damage
Allocates repair responsibility for vandalism, burglary, vehicle impact or damage by unknown persons.
Whole property
May be insured risk, tenant risk or landlord estate responsibility depending on clause and location.
Police report, insurance claim, photographs, witness statements, repair invoices.
Shared obligation
Emergency repairs
Urgent works needed to prevent danger, serious damage, business interruption or statutory breach.
Whole property
Landlord may enter without notice
tenant may need to notify immediately and mitigate loss.
Emergency call-out records, photographs, incident logs, invoices, insurer notices.
Tenant obligation
Break clause condition
Tenant break may depend on giving up occupation and sometimes complying with repair conditions.
Whole property
Modern drafting often avoids strict repair conditions and uses vacant possession or payment conditions.
Break notice, compliance checklist, surveyor inspection, handover evidence.
Holding over repairs
Repair obligations may continue while the tenant remains in occupation after contractual expiry.
Whole property
Depends on tenancy continuation, renewal rights and any agreed temporary occupation terms.
Expiry correspondence, renewal negotiations, inspection reports, occupation records.
Depends on lease structure
Renewal and repair condition
Premises condition and repair covenants can affect renewal negotiations and terms for business tenancies.
Whole property
New lease may update repairing standard, service charge machinery or schedules of condition.
Section 25 or 26 notices, survey reports, draft renewal lease, dilapidations evidence.
Tenant obligation
Forfeiture for disrepair
Landlord usually needs a section 146 notice before forfeiting for breach of repair covenant.
Whole property
Additional statutory protections may apply for repair breaches under long leases.
Section 146 notice, surveyor schedule, proof of breach, correspondence.
Shared obligation
Consent for repair works
Some repairs require landlord approval where they affect structure, appearance, services or common parts.
Whole property
Routine like-for-like repairs may not need consent
structural works usually do.
Consent application, method statement, drawings, contractor credentials, landlord approval.
Planning and building control
Repair works may need planning permission, listed building consent or building regulations approval.
Whole property
Tenant often obtains consents for its works
landlord consent remains separately required.
Planning decision, building control certificate, listed building consent, approved drawings.
Listed building repairs
Works affecting a listed building's character may need listed building consent before repair or alteration.
Whole property
Lease may require specialist materials, heritage approvals and landlord supervision.
Listed building consent, heritage statement, specialist survey, conservation officer correspondence.
Depends on lease structure
Party wall repair works
Certain works to party walls, boundaries or excavations require statutory notices and procedures.
External structure
Structural repairs may need landlord, neighbour and party wall surveyor involvement.
Party wall notices, awards, drawings, surveyor correspondence, condition schedules.
Shared obligation
CDM repair projects
Construction health and safety duties can apply to repair, maintenance, refurbishment and demolition works.
Whole property
Client duties may fall on landlord or tenant commissioning the works.
Construction phase plan, risk assessments, contractor appointments, health and safety file.
Tenant obligation
Work equipment maintenance
Work equipment must be suitable, maintained and inspected where deterioration may create risk.
Fixtures and fittings
Applies mainly to occupier's operational equipment rather than building fabric.
PUWER inspections, maintenance logs, equipment inventory, risk assessments.
Landlord obligation
Mixed-use residential repair duties
Residential parts may attract statutory repairing obligations not applicable to purely commercial space.
Whole property
Relevant to shop with flat above, live-work or mixed-use buildings.
Use plan, residential tenancy documents, condition reports, repair notices.
Depends on lease structure
Nuisance from disrepair
Disrepair causing leaks, smells, noise, pests or hazards may create nuisance or enforcement risk.
Whole property
Responsibility depends on source, control, tenant use and landlord retained parts.
Complaint records, council notices, photographs, expert reports, correspondence.
Dangerous structures
Local authorities can act where buildings or structures are dangerous and require urgent works.
External structure
Costs may be allocated between landlord and tenant under lease repair covenants.
Council notice, structural engineer report, emergency works invoices, photographs.

Who Usually Pays For Repairs Under A UK Commercial Lease?

The lease wording is decisive. In a full repairing and insuring lease, the tenant commonly takes on internal and external repair of the whole premises, while in a multi-let building the landlord usually repairs structure and common parts and recovers the cost through the service charge.

Why Is A Schedule Of Condition Important?

A schedule of condition can limit the tenant's repairing duty so the tenant is not required to put the property into better condition than shown at lease commencement. It is especially important where the property is old, already defective, or let on full repairing terms.

Which Repair Issues Need Extra Care Before Signing?

  • Structure, roof, damp and services can create large liabilities if included in the tenant's repairing covenant.
  • Decoration, reinstatement and yielding up affect end-of-term dilapidations and should match the permitted use and fit-out plans.
  • Statutory compliance, fire safety, asbestos and energy performance should be allocated clearly because legal duties may apply alongside contractual lease obligations.
  • Service charge wording should be checked for caps, exclusions, consultation duties and whether works are repairs, improvements or replacements.
Commercial lease repair and maintenance obligations
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FAQs

Repair obligations in a UK commercial lease usually state who must keep the premises, structure, exterior, services and common parts in repair. The wording of the lease is critical, as obligations can range from internal-only repairs to a full repairing and insuring lease.
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References and Information Sources