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Brew Bros v Snax (Ross) Ltd 1970

Brew Bros v Snax (Ross) Ltd 1970

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Brew Bros v Snax (Ross) Ltd 1970

As this case illustrates, just because a lease contains a covenant to repair does not necessarily mean that all work to, apparently, restore the property to the condition it was once in would be ‘repair’ – it is a question of fact and degree. One must consider the particular property, the state it was in when the lease was granted and the terms of the lease, and then reach a conclusion as to whether the work said to be necessary can fairly be termed repair.