Where the lease has been created by deed, a claim for arrears of rent may be brought1 on the express covenant for payment of rent contained in the lease (or, if there is no express covenant, on the covenant implied by the reservation of rent)2. Similarly, where the lease is oral, a claim may be brought on the express or implied agreement for payment of rent3. In these claims, the rent is recoverable by virtue of the contract, and, except where the tenancy is at will4, it is not necessary to show that the tenant has been in occupation5.
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