The following Property Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:
A tenant has an implied obligation to use the rented premises in a tenant-like manner. In Warren v Keen, CA, Lord Justice Denning described this obligation as meaning that a tenant:
‘…must take proper care of the place…[and] must do the little jobs about the place which a reasonable tenant would do.’
Frequently, however, a tenant will have express obligations in their tenancy agreement relating to the way that they use the property and any obligations which they have to keep the property in a good state of repair. Such express obligations displace the implied obligation referred to above.
A tenant also has an obligation in tort arising from the doctrine of waste. This means that a tenant must not do, or fail to do, something which causes a lasting alteration to the nature of the property, such as removing fixtures or allowing the property to fall into decay.
Where a tenant has failed to comply with their repairing obligations, the landlord is entitled to seek damages even if the tenancy has already ended.
The common law position is that the landlord is entitled
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