Obligations of landlord and tenant

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When a Lease is created, if it is carefully drafted it will define in detail the obligations of the landlord and the tenant towards one another. These obligations are typically in the form of covenants (see leasehold covenant). However, in addition to the express covenants written into the lease (which, of course, may not even exist if the lease is informally created), there are many statutory and common law provisions that govern the relationship between the landlord and the tenant. These include the following.

  1. Common law implied covenants. These include, for example,tenants liability for repairs.
  2. Statutory implied covenants. For example, the landlord and tenant act (1985) creates an obligation on the landlord to maintain the exterior and utilities of a property subject to a lease shorter than seven years.
  3. Common law and statutory rules on how convenants -- express or implied -- run with the land.
  4. statutory protection from eviction, which was once considerable, but is much reduced under recent legislation.
  5. Rules concerning the forfeiture of lease.

forfeiture of lease.

Land and Property Law