Mapeley Acquisition Co (3) Ltd (In Receivership) v City of Edinburgh Council

Landlord and tenant – Commercial lease – Tenant's repairing obligations. Court of Session: In a dispute as to the nature and extent of a tenant's repairing obligations under a lease of office premises, the lease having expired and the tenant having given up possession, the court held that on a proper construction of the lease the landlord was not entitled to payment of a sum equal to the cost of putting the premises into the relevant state of repair regardless of whether it actually intended to carry out any such work, and the tenant was not obliged to replace at expiry of the lease all items of plant and equipment on the premises at the date of entry, whatever their condition; the obligation was restricted to replacing such items as were missing, broken, worn, damaged or destroyed.

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