Good repair: Overview, definition, and example
What is good repair?
Good repair refers to the condition in which a property, building, or item is maintained and preserved to ensure it remains functional, safe, and aesthetically pleasing. It involves keeping things in a state that is suitable for use, ensuring that any necessary repairs or maintenance are completed promptly to prevent deterioration. "Good repair" is often used in legal and contractual contexts to define the standard of upkeep required by landlords, property owners, or service providers to ensure their assets are in proper working condition.
For example, in a lease agreement, a landlord may be required to keep the property in good repair, meaning that all essential systems (such as plumbing, heating, and electrical) must be functional, and the premises must be safe and free of hazards.
Why is good repair important?
Maintaining good repair is important for several reasons. It ensures safety, prolongs the life of assets, prevents unnecessary costs from escalating damage, and maintains the value of the property or equipment. Regular maintenance and timely repairs can help avoid major breakdowns, accidents, or health hazards, which can be both costly and dangerous.
For businesses, maintaining good repair is also crucial for customer satisfaction and compliance with legal requirements. For example, ensuring that equipment is in good repair can reduce downtime and improve productivity, while keeping a leased property in good repair can avoid disputes with tenants and improve tenant retention.
Understanding good repair through an example
Imagine you run a small café and lease a commercial property. The lease agreement includes a clause stating that the landlord is responsible for keeping the property in good repair. This means that the landlord is obligated to ensure the plumbing, heating, and electrical systems are in working order and that the property is free from mold or other health hazards.
If the air conditioning unit breaks down in the middle of the summer, the landlord would be required to repair it promptly, as the failure to maintain it in good repair could negatively impact the business. On the other hand, if you, as the tenant, fail to maintain your café equipment (e.g., coffee machines), the responsibility to repair them would fall on you.
In another example, a business owns a delivery truck. To maintain good repair, the business regularly services the truck, checking the engine, tires, and brakes to ensure it is safe for use. Failing to maintain the truck could result in breakdowns, accidents, and lost business, all of which could have been avoided with proper maintenance.
Example of a good repair clause
Here’s an example of what a good repair clause might look like in a lease agreement:
“The Landlord agrees to maintain the Premises in good repair, including ensuring that the building’s plumbing, electrical, and heating systems are in working condition and that the Premises are free of safety hazards. The Landlord shall be responsible for any necessary repairs unless caused by the Tenant’s negligence or misuse. The Tenant agrees to notify the Landlord promptly of any damage or needed repairs. Failure to maintain the Premises in good repair shall constitute a breach of this Agreement.”
Conclusion
Good repair is a key concept in property management, business operations, and legal agreements. It ensures that assets, whether buildings or equipment, remain functional, safe, and in optimal condition. For SMB owners, maintaining good repair can help reduce unexpected costs, improve efficiency, and ensure that both employees and customers are in a safe and well-maintained environment. Whether it's adhering to maintenance obligations in a lease or keeping equipment in working order, staying on top of good repair practices is crucial for long-term success.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.