The main terms implied by common law are detailed below:
The Right of a Tenant to Quiet Enjoyment of a Rented Property Without Intrusion or Disturbance by a Landlord
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.
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.
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.
Fair Wear and Tear
The tenant should leave the property in the same condition as when they took possession, fair wear and tear excepted.
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.