Obligations of landlord and tenant

From Lawiki - The law notes repository
Jump to navigation Jump to search
Lawiki for and by law students - find us on Facebook if you want to help us edit this Law Wiki.

Not professional advice - LAWIKI cannot guarantee the validity of any information

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