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5 Cards in this Set
- Front
- Back
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Express covenants
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a) An express covenant will stipulate the rights and obligations of both the landlord and the tenant; the covenants imposed will vary according to the subject matter of the lease.
In modern leases, especially of commercial property, the parties wish to know their exact rights and liabilities and, for this purpose, they will be expressly stated, frequently at considerable length. b) The main express covenants normally found in leases are those dealing with the basic terms of the agreements: rent - repairs - subletting & assignment - mode of user - alterations or improvements |
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Implied covenants
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1. In general the parties to a lease will incorporate the specific covenants mentioned above but sometimes there are no express covenants or some are omitted. In such circumstances, where the lease is silent, the law will imply only such covenants as they are needed to give effect to the lease.
2. In the absence of an express lease covenant the following covenants will be implied into the lease: a) covenants by the landlord i) Quiet enjoyment ii) Not to derogate from the grant b) Covenants by the tenant i) Pay rent ii) Pay rates and other outgoings iii) Use the building in a tenant like manner iV) Not to question the landlords title V) Not to commit waste 3. The law will not imply any other covenants and is always reluctant to do so. (See Duke of Westminster v Guild 1983 below) |
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Duke of Westminster v Guild 1983
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Tenant was expressly entitled to enter onto the Landlords adjoining land if he needed, under his own repairing duties to clear a drain running from there to his premises.
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Usual Covenants
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1. Where the lease is preceded by an argument for a lease there is an implied term that the lease, when executed, shall include the "usual covenants" which will, on execution become express covenants. (See Chester V Buckingham 1981 below)
2. See usual covenants below |
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Chester V Buckingham 1981
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The five usual covenants
1. to pay rent 2. to pay taxes, except such as where expressly payable by the landlord 3. to keep and deliver up the premises in repair 4. to allow the lessor to enter and view the state of repair and 5. a covenant by the lessor for quiet enjoyment |
