The tenants covenants:
1) To pay rent; Under the RLA - the rent or a part of it is suspended and there is provision that the landlord will render the premises ready for occupation within 6 months and if this does not happen the tenant is at liberty to go but he gives notice to the landlord of 1 months this is assumed that the damage of fire is not arising from the wilful conduct of the tenant and under the ITPA the tenant can go at any time unconditionally;
2) The duty to pay taxes is common to all Acts;
3) The covenant to repair under the RLA
There is a responsibility of the tenant for both the internal and external repair and this is where the house is unfurnished but if it is part of the building or where it is a dwelling house which is furnished the tenant is responsible for internal repairs and the landlord for external.
Under ITPA the landlord has no obligation to repair and the entire obligation is placed upon the tenant. These are implied covenants and these apply where the parties have not expressly specified so in the lease.
If you are the advocate for the tenant you are allowed to vary these terms and conditions and make a comment of variations of these conditions.
4) To keep furniture in good conditions and replace property in case of furnished property; fair wear and tear expected.
5) To permit the landlord to enter and examine the premises at all reasonable times;
6) Not to transfer, charge or sublet without the consent of landlord – this is only under the RLA and there is no such provision under the ITPA.
If you are drafting the lease for landlord under the ITPA it becomes dangerous for the landlord to have such conditions to sublet and charge the property without the landlords consent and thus you as an advocate for the landlord you have to be vigilant and vary this term.
2) Quiet enjoyment - he must not do anything with intention of indirectly forcing the tenant to leave;
3) Covenant not to derogate from the grant –
4) Covenant that premises are fit for habitation – is only found under the RLA
5) Duty to repair only under the RLA , no such provision under the ITPA roof etc.
6) Duty to disclose any material defects in the property which the tenant is not aware and which the tenant with all reasonable care can discover within his (landlord’s) knowledge. If the landlord says he did not know and yet it is a material defect meaning that it is so important that may make the contract fall and this is a defect that renders the use of the property nugatory. However, you may pin the landlord and say that he is expected to know and obtain expertise from architects.