How should the responsibility for interior maintenance be regulated? – A study of seven museums’ leases

University essay from KTH/Fastigheter och byggande; KTH/Fastigheter och byggande

Abstract:

All premises are covered by a lease which governs the rights and obligations between landlord and tenant. Contracts can be designed in different ways, but to develop a contract that takes all possible outcomes into account is basically impossible. One can still in various ways make contracts as clear as possible. One area which often causes problem of boundaries is maintenance of interior surface layers, and this is the problem that this thesis focuses on. We have studied this issue at the National Property Board (SFV) by looking at seven museums. As a landlord, SFV is strongly tied to many of their tenants because of the special facilities they manage. Because many of the tenants of SFV are strongly tied to the premises that the business is conducted in, the ability to terminate the contract is limited for both parties. It makes the relationship with the tenants extremely important since it is long-term. Even tenants cherish the relationship with SFV and short-term conflicts are rare. There is simply a lot of value in avoiding conflicts and disputes are often solved by compromises. To regulate the responsibilities and provide clarity between SFV and their tenants SFV uses detailed demarcation lists. It has been shown that these lists are rarely used because of its length and incalculability. Our judgment is that because both parties care so much about having a good relationship, they will perform their obligations, which means that such detailed demarcation lists are not necessary. Our recommendation is instead a shorter, more general list, which we believe would simplify the situation, both for SFV and their tenants.

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