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RIGHTS AND OBLIGATIONS OF PARTIES TO A LEASE

The first thing to emphasise is that a lease agreement falls in the same category as another contractual arrangement between parties and the general rules of contract will apply. The statute provides for what would in any even be the basic minimum so that the rights and obligations to a leasehold arrangement are such that you cannot dilute them through your own agreement.  You cannot take the basic minimums as spelt out in the statute. You can only add and supplement but cannot derogate.  Even where parties fail to provide for those rights and obligations the statutory obligations and rights will come into operation.  The implied rights and obligations whatever is a right to the tenant is an obligation on the landlord and vice versa.

A tenant having a leasehold grant is entitled to quiet possession of the premises so it is incumbent on the landlord to ensure that the tenant has quiet enjoyment of the lease premises as long as the tenant is making good on his obligations including paying rent, he is entitled to peaceful occupation of the premises and that is an obligation on the landlord.  The sense of quiet enjoyment is that there should be no interference from persons claiming there should be no disturbance.

The landlord will have breached this particular covenant if in an effort to get rid of the tenants he removes windows, doors and disconnects electricity.  The court in Keraira V. Vandyan 1953 Vol 1 WLR 672

In Jones and Lavington (1903)1KB 253 the court held that the landlord could not incur any liability with regard to this particular right where the culprit was not the landlord but the superior landlord.  (there was subletting in this case)

 
 
 

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