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Common law implied terms

The main implied terms in respect of common law in relation to repairs are:

  • Quiet enjoyment - this is a general standard clause implied into all tenancies which entitles the tenant to live in the property without disturbance (it does not mean that the property must be quiet or that the tenant must enjoy it!). It has been held that breach of the repairing covenants can also be considered to be breach of the covenant of quiet enjoyment
  • Fitness for habitation - the property must be fit for human habitation at the start of the tenancy
  • The tenants’ obligation to use the property in a ‘tenant like manner’.
  • This has been defined in the case law as “to do the little jobs about the place which a reasonable tenant would do” such as unblocking sinks when blocked by waste
  • Not to commit waste - waste is any act or omission which results in a permanent change to the premises
  • Tenant to leave the property in the same condition as when they took possession, fair wear and tear excepted
  • Using rent to pay for repairs

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