Under Section 8, (1), where as per the agreement between the landlord or the Tenant, or as decided by the Court, specified repairs need to be carried out, and in cases where the initial repairs need to be carried out by the landlord, due to the inability on the part of the tenant to carry out the said repairs with regard to the tenancy, the landlord, in such cases, shall be privileged to claim:
3. This payment shall be made either in instalments, or in any other method agreed upon by the parties mutually or by the Court. (Ministry of Justice: The U.K. Statute Law Database: Statutory Tenancies arising under Part I : provisions as to repairs during period of statutory tenancy )
As mentioned earlier, the responsibility of the tenant and the landlord with regard to the repairs of the dwelling house, during the period of statutory tenancy shall be as covenanted, or as determined by the Court. The matters that need to be considered would be:
1. The amount to be included as payment of the accused tenant's repairs, and paid off by the landlord for the determination of the costs
2. The estimated costs that have been incurred by the landlord.
3. Whether payment for the accrued tenant's repairs should be made by instalments or through any other mode of payment, and, in the event it is made through instalments, the amount of yearly instalments, the 1st instalments due and the periodicity of instalments.
4. It shall also be made known whether there are any other obligations, with regard to repair of dwelling house during the period of statutory tenancy, other than relating to the payment of initial repairs, and if so , the nature of such obligations. (Ministry of justice, The U.K. Statute Law Database : Statutory tenancies arising under Part 1 : Provisions as to repairs during period of statutory tenancies :
Under Section 9, if it is the Court that has to determine what the initial repairs need to be, the sum determined by the Court, shall be done with the permission of the landlord and the tenants, and shall not exceed "what is required to bring the dwelling-house into good repair or the carrying out of any repairs not specified by the landlord in his application as repairs which he is willing to carry out" (Ministry of justice).
Further, good repairs has been construed to mean the repairs needed to make good the structure and furnishings, taking into account the useful life, construction and area, in which the premises lies. Further, it has been laid out that Court shall not impose any repair liability on the tenant, without his consent. Further under Section 9 (4), the law does not require that the place needs to be kept in a higher condition of repair, than that what expected to be, post the initial repairs, and in the absence of any agreement, in a better condition than it was when the Court had determined the liability of repair to be imposed.
Coming to the aspect of this case study, it is seen that Mr Razor, who is the owner of Focal House has requested Mr. Shabby, the tenant, to