Whenever you enter a lease or tenant agreement you should know there as certain obligations you must carry out as a tenant and also there certain obligations your landlord must oblige to. In most cases landlords tend to push their obligations to their tenants whereby trying to indemnify themselves of their lawful responsibilities. Well, most tenants are only aware of external and internal repairs agreement but there are most obligations to the landlord to fulfil and more obligations to fulfil as a tenant.

These obligations are either implied by law while others are expressly negotiated and entered into by the landlord and tenant.

Implied Covenant

These are rights and obligations belonging to the parties whether they are expressly agreed or not. The rights and obligations are provision of the law and they are binding on one as landlord or tenant.

Express Covenant

Those rights and obligations which are expressly discussed and agreed upon by the landlord and the tenant. Therefore, they are rights and obligations negotiated by the landlord and tenant.

Implied Covenants of the Landlord
These are rights of the tenant and must be carried out by the land. These rights are binding on the landlord by law and they are not expressly discussed and agreed.

Rights of the Tenants

Quiet Enjoyment of the Property
This simply means that the tenant should be allowed to use the property for the purpose(s) it was leased or let to him. On expiration of tenancy due to effluxion of time and the tenant is not ready to leave the house for some reasons, the landlord has to follow due legal process to recover his property from the tenant and if he decides to use forceful means he can be sued for breach of quiet enjoyment.

Exclusive Possession

This means that only the tenant excluding the landlord shall be in control of the property let to him. Even if the landlord wants to carry out repairs he should the tenant advance notice to allow him come in and carry out the repairs.

Not to Derogate from Grant

The landlord should not frustrate the tenant in the use of the leased property. If the house or shop is leased or let to tenant for business, the landlord is not allowed to hinder the tenant directly or indirectly from using it for the business. For instance if a property is let for music business the landlord shall not complain about noise from the property.

The Property Should be fit for Human Habitation

The property should be fit for human habitation and not for animals, depending on the parties’ agreement. Therefore the landlord has to make the property comfortable for habitation, where the landlord refuses to do so the tenant can carry out such repairs and subtract the money from his rent.

Tenant’s Rights under Express Covenants

Covenant to Repair

It is the right of the tenant that the landlord should bear the burden of carrying out repairs of property in case of any damages which depreciates the quality of the property. Where a landlord neglects or refuses to repair, the tenant can carry out the repairs and later ask for reimbursement from the landlord.

Covenant to Insure the Property Against Fire

Here, the liability to insure the property leased against fire is subject to express agreement. If it is expressly agreed that the property should be insured by the landlord, it becomes the landlord’s obligation and not the tenant.

Covenant not to Assign or Sublet the Property

Generally, a tenant is at liberty to transfer his interest in the leased property to a third-party either by mortgaging, subleasing it or any manner he so wishes. However, this right can be curtailed by an express agreement between the landlord and the tenant. But where the lease is silent on the issue of subletting then the tenant can sublet.

Length of Notice to Quit

Although there are laws, which govern the length of notice to be given to quit the property, the landlord and tenant notwithstanding the laws, can go on to agree on different length of notice to determine the lease/tenancy. And when it is agreed, it supersedes the legislative one.

Review of the Rent Clause

The tenant has the right just as the landlord to review the rent payable over the property. It can be reviewed upwards by the landlord and downward by the tenant. To avoid misunderstanding it is always advisable to include such a clause in the tenancy agreement.

Renewal of Tenancy

Usually a clause is inserted into the tenancy agreement, which gives that only the tenant the right to ask for the renewal of the tenancy.

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