Express and Implied Covenents – Essential guide for tenants

Introduction

There are more people in the UK who rent out their accomodations than own. The shortage of social housing and the general supply of houses has led to an acute disbanlance in the rights. The landlords are currently in more favourable position then the tenants due to strong bargaining power.

 In this article we will explore the implied covenents or obligations on both landlords and tenants , which are imposed by the law and express obligations which can be negotiated by the landlord and tenant.

Reading Time: 3 Minutes

KEY POINTS

  • Introduction
  • Express covenants (Landlord).
  • Express covenants (Tenant).
  • Implied covenants (Landlord).
  • Implied covenants (Tenant).
  • What would you do next?

The covenants (promises or obligations) in a tenancy agreement govern and regulate the relationship between the Landlord and the Tenant, as they make a variety of promises in the form of obligations to each other. These obligations may include:

  • The amount of rent payable.
  • The time and manner of the rentpayment.
  • Conflict resolution in case of non-payment of rent.
  • The period of the tenancy agreement.
  • Whether the tenant can have a pet etc.
  • Service charges.
  • Property repairs, alterations, and improvements.

Express covenants (Landlord).

Landlord’s written covenants agreed with the tenant normally include;

  • A promise to allow the tenant to have quiet enjoyment of the land.
  • A promise to repair the property.
  • A promise/obligation to ensure the property.
  • A promise permitting a tenant to renew the tenancy agreement.

Express covenants (Tenant).

Tenant’s written covenants agreed with the Landlordnormally include:

  • A promise to pay rent
  • A promise to pay taxes
  • Various promisesregarding the use of the property.
  • A promise not to sublet or assign the tenancy agreement to someone else.

Implied covenants

The covenants implied by common law are generally intended to provide a basic minimum standard of protection where the Landlord and Tenant have failed to agree expressly the terms upon which the premises is to be held by the tenant.

Covenantsorpromises which are implied by law are thefollowing:

Landlord’s implied covenants

  • A promise to allow the tenant to have quiet and peaceful enjoyment of the property;
  • A promise not to derogate from the rights given to the tenant under the tenancy agreement;
  • An implied duty of care to keep the property and any common parts in the repair.

Tenant’s implied covenants

  • A promise to pay rent.
  • A promise to pay rates and taxes.
  • A promise to allow the landlord to enter into premises.
  • A promise not to deny the landlord’s title.
  • A promise to use the premises in a tenant like manners.
  • A promise not to use the premises for illegal purposes.
  • A promise not to commit waste.
  • A promise that the Tenant does have the ´´right to rent´´.

If you are affected by the issues raised in this article, you can seek legal advice from Legalally’s experienced housing lawyers instantly.

What would you do next?

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