Aimal Gram, a solicitor in our commercial property department, considers a Full Repairing and Insuring (FRI) lease in the context of commercial properties.
What is a ‘Full Repairing and Insuring’ (FRI) lease?
Most commercial leases are on a full repairing and insuring (FRI) basis. Depending on whether the lease covers part or all of a building, a tenant is responsible for all repairs of internal parts or both internal and external parts, including the structure. This means the tenant bears the costs of all repairs and insurance.
What are the obligations for repair?
An FRI lease will typically contain a covenant by the tenant to keep the property in “good repair and condition”. There is a common misconception, usually by inexperienced tenants, that a tenant must give the property back in the same condition in which it was taken when it entered the lease. This is not the case.
A requirement to keep the property in good repair and condition throughout the lease term includes an obligation to put the property into good repair if it is in disrepair at the start of the lease. The word ‘condition’ gives an even more onerous layer of obligation and may require works to be carried out where the property has not yet fallen into disrepair.
Can a landlord inspect the property?
FRI leases will usually contain rights for landlords to inspect the property periodically to ensure the tenant has kept up its repair obligations. Landlords should take advantage of this right, but tenants should be aware that it is reasonable to have provisions in the lease for landlords to give tenants prior notice to minimise any business disruption.
What is a schedule of dilapidations, and when can it be issued?
Simply, a schedule of dilapidations is a list prepared by the landlord that sets out any outstanding repairs that are required to be carried out by the tenant. A schedule of dilapidations can be issued by the landlord at any point during the lease term, and usually up to six months after the lease has come to an end, depending on the terms agreed. Tenants need to consider what repair or maintenance work may be needed from an early stage in taking on a lease. Schedules of dilapidations are often the cause of disputes between landlords and tenants. It is important the lease is clear on repair obligations and both parties understand them to avoid costly proceedings in courts.
What should landlords do to protect themselves?
A properly advised landlord would want to maintain the value of its investment, and having an FRI lease ensures the property does not fall into disrepair and it will have an industry standard and lender acceptable tenant’s full repairing covenant in the lease, otherwise it could affect the marketability of its investment.
What should tenants do to protect themselves?
Tenants should carefully consider the definition given to “the property” in a lease because it determines what a tenant is responsible for. For instance, if the lease is of the whole building, the tenant could be taking on responsibility for the structural parts, such as the roof, foundations, etc. If the condition of the property is of concern, an independent survey of the property should be considered and depending on the bargaining position of the tenant, a “schedule of condition” should be agreed with the landlord.
The schedule of condition is usually attached to the lease at the start, accompanying provisions in the lease for the tenant to return the property in no worse condition than evidenced by the schedule, thus limiting the tenant’s repair liability.
About the Author
Based across our Crystal Palace and Croydon offices, Aimal Gram is a Commercial Property solicitor specialising in acquisitions, disposals, lettings, finance, and landlord and tenant matters.
