Repairs to leased premises

A reader has recently resumed possession of premises which he had originally leased out for ten years. After having obtained the keys, he went, together with the lessee, to inspect the house and was shocked to find out that it was considerably damaged.

He demanded that the lessee carry out the necessary repairs to bring the premises back to their original state; but since the lessee refused to do so, the reader had to incur considerable expenses before renting the house, under a new lease, to a third party.

The landlord is holding the old lessee responsible for these expenses, which were both ordinary and extraordinary in nature.

What is his position at law?

According to law a lessee is bound to make use of property let to him as a bonus paterfamilias and he is also bound to restore it to the landlord in the same condition in which he received it. The lessee is liable for any deterioration or damage which occurs during the enjoyment of the lease (by any act or default from his part or the members of his family), unless the lessee may prove that such deterioration or damage has occurred through no fault of his.

In determining the liability, one must consider the nature of the repairs which the reader had to carry out and what had caused the damage. Much would depend on whether the damage to the leased premises was the result of fair wear and tear or whether it was caused through the lessee's negligence.

For example, if, throughout the lease period, the lessee was well aware that a particular ceiling or wall needed to be repaired or maintained, and he did not bother to inform the landlord, he could be held responsible for not acting with the due care and diligence required by law, the reason being that, the lessee's omission to report to the landlord the repairs which had to be made may have, in time, resulted in repairs of an extraordinary nature, which would naturally be costlier to carry out.

In these circumstances, a lessee should immediately inform the landlord of the repairs which need to be carried out and if the landlord refuses, he should incur the repairs himself (especially if they require immediate attention) and then request the landlord to reimburse him. After all, it is in the landlord's interest that his property is kept in a state of good repair.

In these circumstances, the Maltese courts generally take the nature of the repairs into consideration. In fact, repairs of an extraordinary nature are meant to be executed by the landlord at his own expense, while ordinary repairs should be made at the lessee's expense. However, as already stated, problems may arise when ordinary repairs, in time, end up being extraordinary repairs which requires considerable expenses.

The law simply provides that, during the period of the lease, the lessee is bound to carry out the repairs to stoves, panes and glass, shutters, window-frames, hinges, bolts and locks.

Reader should consider all these issues before instituting any court proceedings to be reimbursed for the expenses he incurred. It is advisable that, as regards the new lease of the premises, the reader carry out frequent inspections to detect, at an early stage, any damages which require repair or maintenance. It this way he would avoid any further damages which may occur to the premises.

Send your legal problems, of general public interest, together with your name and address, to: The Lawyer, c/o The Sunday Times, PO Box 328, Valletta CMR 01 (fax: 2124-0806).