The obligations of a landlord and a tenant are normally found in the express or written terms
of their lease agreement, or deed of lease. Some obligations, or covenants, however, are
implied by statute or common law and will apply to the landlord-tenant relationship, even
without being in writing.
The three main implied covenants on the part of the landlord are:-

  1. 1. Covenant for quiet enjoyment;
  2. 2. Covenant not to derogate from the grant; and
  3. 3. Covenant as to fitness for habitation.

Quiet enjoyment
Under every lease agreement, the landlord must provide the tenant with quiet enjoyment.
Quiet enjoyment means that the tenant should be free to have exclusive possession of the
leased property, without any disturbance by the landlord or any person who derives authority
from the landlord. The term “quiet” does not refer to noise, but instead speaks to the need for
the tenant to be able to enjoy the property, free from interference from the landlord.


Not to derogate from the grant
Also implied in lease agreements is the obligation that the landlord must not frustrate the use
of the property for the purpose for which it was rented. This covenant means the landlord
must refrain from doing anything on the neighbouring property, that would render the leased
premises unfit, or substantially less fit for the particular purpose the tenant rented it for. In
many instances, a breach of this obligation can also result in a breach of the covenant for
quiet enjoyment.


Fit for human habitation
Though, under the common law, there is no implied covenant on a landlord to keep the
rented premises fit for human habitation, landlords have a duty, under the Rent Restriction
Act, to keep the leased premises in a good and tenantable state of repair, and to observe
reasonable standards of maintenance. The standard of maintenance that is required here, is
what the reasonable man would expect to be a good standard of repair of the leased
premises.


Tenants must not commit waste
The main implied covenant on the part of the tenant is the obligation not to commit waste.
This means that a tenant is liable to not commit acts of waste, such as altering or destroying
the property, or allowing the property to deteriorate through omissions to repair. Further,
section 95(b) of the Registration of Titles Act, implies a covenant on the tenant to keep and
yield up the leased property in good and tenantable repair, with accidents and damages from
storms, acts of God, war, and reasonable wear and tear excepted.


One can note that as far as repair is concerned, obligations to keep the property in good
repair are placed on both the landlord and tenant.


The law of landlord and tenant is not as simple as many may assume it to be. It is highly
advisable that you consult with an experienced Attorney-at-Law regarding your obligations
under your leasehold agreements, and any issues that may arise thereunder.