Is that Repair Structural? - liability under a lease

Summary - It is important for landlords and tenants to have an understanding as to what is considered a "structural" repair.

Tenants generally wish to exclude any liability or responsibility under their lease for carrying out structural works or incurring expense for works of a structural nature.

Typically landlords agree to such a carve-out from the repair obligations of the tenant except, for example, where the structural works arise as a result of the particular use of the premises by the tenant or a particular need of the tenant due to its business operations or fitout.

Issues can arise where a particular work is required and the parties need to determine whether the work is structural in nature as this will often determine which party ultimately has the responsibility.