6. Tenant's Duties

Question 1

What are Tenant’s duties?

Answer 1

Liability to TPs
Duty to repair
Duty to pay rent

Question 2

What is Tenant liable to TP for?

Answer 2

Reasonable good repairs
TP’s injuries

(Tort law)

Question 3

What is Tenant’s duty to repair?

Answer 3

Silent lease
- Routine repair (NOT repair occasioned by ordinary wear and tear)

NOT commit waste
NOT remove fixtures (waste)

Question 4

What is required for installation as fixture?

Answer 4

Express agreement

NO express agreement BUT removal will cause substantial harm to premises

Question 5

What if premises are destroyed due to force of nature

Answer 5

T may end lease (T NOT liable)

Question 6

What is required for Tenant’s duty to pay rent?

Answer 6

If leasehold terminates earlier than agreed => T must pay ‘proportionate rent’

Breach duty + T on premises

• Landlord can sue T for rent owed
• Landlord can evict Tenant (NOT engage in self-help, e.g. changing locks, removing T’s possessions, etc).

Breach duty + T off premises

• Landlord can repossess land
• Landlord can re-let land
• Minority: Nothing (T to pay rent only)