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ARTICLE · 16 MAY 2011

Extraordinary Repairs

Burness Paull LLP
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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.

United KingdomReal Estate and Construction
Alison Bowman
Alison Bowman

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".

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