In what circumstances will a landlord be required to demolish or replace a dilapidated fence in order to meet the terms of a rental agreement?
British Columbia, Canada
The following excerpt is from Coast Hotels Ltd. v. 389079 B.C. Ltd., 1998 CanLII 6806 (BC SC):
In Ainley v. Balsden (1857), 14 U.C.Q.B. 535, Robinson C.J., for the court, held that allowing old fences to continue in a dilapidated state was a continuing breach which was not waived by the acceptance of rent.
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