Question juridique clé
Whether the landlord had to install an additional heating system beyond the chimney
Solution extraite
No. The lease concerned a bar whose agreed heating source was the chimney; the absence of an extra heating installation was not a defect.
Motifs extraits
A defect is assessed against the agreed use and condition of the leased premises. Repair of the chimney was owed, but not the addition of a heating device never promised in the lease.