These remedies indicate that the landlord`s right to inspect the premises and make the necessary repairs is expressly subject to reservations. But Lord Justice Somervell continued: «It must be in the consideration of both parties of such a weekly tenancy agreement that the tenant is not invited to make repairs. Instead, rent-limiting laws have changed the position; but before that, it would have been absurd for both parties to think that a man who was only a weekly tenant should be asked to make repairs. Both parties, I believe, must consider as the basis of the treaty that the house is kept in a reasonable and habitable state; that this is done by the landlord and not by the tenant; And although he does not attach himself to it, he will have the right to enter his property through repairs and to take care of those property. 75. Mint v Good was not a case under the 1972 Act. The Tribunal has not addressed the issue of the appeal in question; in other words, if the reserve of a right to purchase and improve implies a right to correct design defects that have not led to a lack of repairs. I think the report indicates that the wall was not repaired in this case; The judge found that «appropriate review by a competent person would have established that he was in such a state that he was in danger of collapsing at any moment» – ibid. at page 518. Lord Justice Somervell described the condition of the wall as a lack of repair – ibid. at page 519 («It was not a lateral defect: it was for lack of repair»).
I do not think it is possible to read the passage on page 522 (above) as a decision that a weekly lease agreement must involve the landlord`s right to do all the work necessary to restore the premises to a reasonable and livable condition. The Court considered the existence of an unspoken right of entry to make repairs. 30. Ms. Ruth Lee, the applicant on appeal, is a tenant of land known as 11 Brooklands Close, Leeds. It holds this property under a secure lease agreement granted by the Leeds City Council in October 1994 or around October 1994. The property is a two-storey semi-detached house with a traditional brick structure. The interior of the property suffers from condensation, mould and moisture. The details are presented in a May 1997 report by Mr.B. J Smart, a chartered civil engineer.