Cowan v Factor

• Jurisdiction: Ireland
• Judgment Date: 01 January 1949
• Date: 01 January 1949
• Court: High Court

Cowan

and

Factor

implied on the part of the lessee - Repairs - Express covenant by lessee to keep interior of demised premises in good repair and condition - Lease silent as to liability for repairs to exterior of premises - Whether covenant on part of lessee to carry out exterior repairs should be implied - Landlord and Tenant Law Amendment Act, Ireland, 1860, s. 42.

Certain premises were demised by lease to the defendant for a term of twenty-one years, the lease containing a covenant on the part of the lessee that, inter alia, he would maintain and keep in good repair and condition, including painting and decorative work when required, the interior of the said demised premises (reasonable wear and tear and damage by fire excepted); that during the last six months of the tenancy he would thoroughly cleanse and scour the inside of the demised property and any additions thereto; that he would permit the lessor or his agent or the superior landlord or her agent with or without workmen at all reasonable times in the day during the said term to enter the demised property and examine the state and condition thereof, and if any defects or wants of repair should exist and if the lessor should give or leave a notice in writing at the office of the lessee requiring him to repair and amend the same, he would comply with such notice within one calendar month after service thereof; and that at the expiration or sooner determination of the term, he would peaceably and quietly deliver up the premises and additions in such good repair as aforesaid (reasonable wear and tear and damage by fire excepted). The lease further provided that if the...