Q&As

A residential lease provides for the tenant to abide by additional regulations not specified in the lease. The landlord has imposed regulations that limit the amount of time the property can be occupied. Would this be enforceable?

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Published on LexisPSL on 09/06/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A residential lease provides for the tenant to abide by additional regulations not specified in the lease. The landlord has imposed regulations that limit the amount of time the property can be occupied. Would this be enforceable?
  • Declaration that the regulation is void/invalid
  • Derogation from grant
  • Breach of covenant for quiet enjoyment

A residential lease provides for the tenant to abide by additional regulations not specified in the lease. The landlord has imposed regulations that limit the amount of time the property can be occupied. Would this be enforceable?

The following assumptions have been made for the purposes of this Q&A, that:

  1. it was anticipated by all parties at the time a lease was granted that a tenant would have exclusive occupation of the premises without any restrictions as to the amount of time a tenant could spend in occupation of the premises on an annual basis or otherwise

  2. the lease contains a standard provision whereby the tenant covenants to comply with regulations made by the landlord from time to time

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