What is structure? | Winston Solicitors Skip to main content
Legal news

What is structure?

Jonathan Winston Jonathan Winston
1 min read

Leases often contain repairing obligations by reference to the ‘structure’ of the building in question but what does this mean? In a recent case the Court of Appeal ruled that internal plasterwork forms part of the structure of the building and that any discussion as to the exact nature of the plasterwork is irrelevant. Although the case concerned residential premises, the Court of Appeal’s decision will apply to all structures, including commercial buildings.

The Court of Appeal held that for the purposes of the landlord’s obligation to repair the structure and exterior, the plaster applied to the internal walls and ceilings of a dwelling-house formed part of the structure and was not merely decorative finish.

Most commercial leases will contain a definition of the demised premises and (possibly) a definition of the “structure”. This definition should leave no room for doubt or argument. It is also sensible to ascertain what service charge provisions are imposed on the landlord with regard to the “structure” to avoid unwelcome surprises.

Landlords should not be misled by the concept that a “structure” should be a structural part of a building. As this case has shown, it can extend beyond the minimum structural elements, depending on the context.

Client feedback

We couldn’t recommend Samantha Robertson-Strong enough. She made the whole process of buying our first property so much easier and would recommend her to people I know.Thanks Again Samantha and the Winstons team!
Mr Atherton
Joe and Amr were good at keeping contact and answering my questions as a first time buyer. The solicitor on the other side of the purchase was not always responsive, though Joe/Amr made sure to keep chasing which I appreciated. Overall smooth process and would recommend.
Amber
Absolutely incredible! Exceeded all expectations, very professional.
Michael
It is probably 45+ years since I last bought a house so it was a real re-learning process. Michelle was helpful and pateint throughout. She kept me fully informed of the prgress being made and all the responses from her enquiries to the other party were detailed. Both sides were under pressure to complete before April when further tax increases loomed. It was also the pressure that I would be heading to France to oversee the sale of my property. The only 'blip' that I saw was the query of my funding. It was simply the transfer of the funds from the sale of my home in France to cover the sale in Leeds. This was accepted. I had requested Sterling and not Euros and perhaps that did raise an eyebrow or two. I would have no rpblem in recommending Winstons.
Roger
Outstanding from start to finish. Leasa was fabulous, professional and thorough throughout. Would highly recommend to anyone. We honestly cannot Thankyou enough for getting us into our family home.
Natalie
Winston solicitors are experts at what they do. They go above and beyond the normal service to provide you with the best interest for you. I cannot thank Emily for her commitment and resilience on answering every question i had asked. She is a great assest ti Winston solicitors and a credit to her team. I would love to work with Emily again in the furture if required to do so. Would not hesiste to reccommend winston solicitors to everyone.
Ishtiaq
Amazing service from Sidraa with support from Tom. Timely communication, easy to deal with and thorough. Sidraa went over and above to meet our deadlines and was so personable to deal with. Would 100% recommend.
Sophie
Both Samantha and Michelle at Winstons Solicitors have been brilliant keeping us informed with the selling and buying of our houses. If there were any problems they explained what was happening and also put our minds at rest.... as moving is stressful enough.will definitley use again in the future as we were impressed with the company and service.
Craig
Contact Jonathan