What is reasonable wear and tear in a house?
Manitoba, Canada
The following excerpt is from Hotel Fort Garry v. The Manitoba Lotteries Corporation, 2004 MBQB 106 (CanLII):
[51] In Haskell v. Marlow, [1928] 2 K.B. 45, Talbot J. observed at p. 59: ... Reasonable wear and tear means the reasonable use of the house by the tenant and the ordinary operation of natural forces. The exception of want of repair due to wear and tear must be construed as limited to what is directly due to wear and tear, reasonable conduct on the part of the tenant being assumed....
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a seizure is reasonable and reasonable? (Manitoba, Canada)
How have courts interpreted the inadmissible chain of reasoning of the Inad-missible Chain of reasoning? (Manitoba, Canada)
Is a breach of the duty of procedural fairness reviewed on a reasonableness standard? (Manitoba, Canada)
Is there a duty on occupiers to install smoke detectors in a house where there is a fire? (Manitoba, Canada)
What are the reasons for a custodial parent’s intended “move away”? (Manitoba, Canada)
What is the test for determining the quantum of damages for intentional concealment of a latent deterioration problem in the siding of a house? (Manitoba, Canada)
How should a court consider the promotion of diversity and multiculturalism when determining the reasonableness of an administrative action? (Manitoba, Canada)
What are the reasons to strike from a statement of claim? (Manitoba, Canada)
What is the test for reasonable and probable cause in false imprisonment and malicious prosecution? (Manitoba, Canada)
Can a judge review a finding of mixed fact and law in respect of the reasonable and probable grounds for the demand for breath samples? (Manitoba, Canada)
