Clause 17 sets out the various obligations of the parties
and, as such, any items that the Tenant is not specifically required to
maintain and repair will be for the account of the Landlord. It is a legal
requirement that the Tenant notify the Landlord, in writing, of any repairs
that need to be affected which are not for the account of the Tenant. Usually,
the cost of these repairs is for the account of the Landlord. Where, however, the Tenant fails to notify
the Landlord of such damage and the Landlord becomes aware of the damage at a
later stage i.e. a small leak becomes a spray of water and damages the carpets
in the Premises, then this clause specifically provides that the costs of repairing
the damage will be for the account of the Tenant. This position is confirmed by the case of Radloff v Kaplan 1914 EDL 357, which position has been upheld in multiple more recent cases.