Common Law Implied Terms

2.3 Common Law Implied Terms

2.3.1 The Right of a Tenant to Quiet Enjoyment of a Rented Property Without Intrusion or Disturbance by a Landlord

The main terms implied by common law are detailed below:

This right is implied into all tenancies which entitles the tenant to live
in the property without disturbance from the landlord or people acting
on the landlord’s behalf. Generally a landlord does not have the right to
turn up unannounced to check on a property or tenant. It must be agreed
mutually beforehand, where the landlord wishes to enter for a specific
purpose, such as repairing a window. It has been held that breach of the
repairing covenants can also be considered to be breach of the covenant
of quiet enjoyment. A right of quiet enjoyment is often written into the
tenancy agreement because then the landlord can limit or widen the scope
of the implied obligation, or even make the covenant for quiet enjoyment
conditional on the tenant complying with their own obligations. Where there
is a covenant for quiet enjoyment written into the tenancy agreement, the
tenant will be entitled to have the landlord comply with that covenant.

2.3.2 Tenant Must Use the Property in a Tenant-like Manner

This has been defined in case law as “to do the little jobs about the
place which a reasonable tenant would do” such as unblocking sinks
when blocked by the tenant’s waste, keeping toilets and drains clear,
regular cleaning including windows, putting refuse out for collection and
gardening if applicable.

2.3.3 The Tenant Shall Not Permit Waste

The tenant has the responsibility to ensure the property is not damaged
deliberately and is kept clean and free from rubbish during the course of
the tenancy.

2.3.4 Fair Wear and Tear

The tenant should leave the property in the same condition as when they
took possession, fair wear and tear excepted.

2.3.5 The Tenant Must Not Use the Rent to Pay for Repairs, Except in Very Limited Circumstances

Repairs must be reported to the landlord/agent. Using rent for any other
reason could result in eviction from the property.