Extraordinary Repairs

On 11 May 2011 in the case of Co-operative Insurance Society Limited –v- Fife Council Lord Glennie provided a modern statement of the law relating to extraordinary repairs in respect of leased premises, setting out in effect a 3-prong test.

Co-op own Unicorn House, The Kingdom Centre, Glenrothes and leased the property to Fife Council. Following lease termination, the pursuers complained that the defenders were in breach of their repairing and maintenance obligations under the lease. The defenders disputed liability for the dilapidations and argued, among other things, that they were not liable for "extraordinary repairs". The case was before Lord Glennie for a hearing on whether Fife Council are liable for "extraordinary repairs".

At common law a tenant is not liable to deal with so-called "extraordinary repairs". But what are they?

Lord Glennie considered the earlier case law on the subject and set down three main considerations to be taken into account when determining whether a repair is an "extraordinary repair". The three considerations are:

1. The origin of the damage

   This refers to how the damage came about. If it is caused by an unanticipated event out with the control of either party, that would point to the repair being an extraordinary repair. Lord Glennie's view is that the question of decay through lapse of time falls into this category. However, the test is qualified - the landlord may not be held liable to repair or replace part of the subjects which have collapsed, or are on...