ABSTRACT

As stated, a lease is a form of contract and so will contain a series of undertakings by the parties. In an ordinary contract, such undertakings may be referred to as terms, conditions, warranties, clauses, etc, and may be written or oral. However, the terminology in leases is distinctive in that if, as is usual, a lease is legal and is for a term of over three years, then it must be by deed, and undertakings in deeds are called ‘covenants’. The term is now commonly used for all promises which the landlord and the tenant make to each other, whether in a deed or not, as to what they are prepared to do or not to do during the term of the lease in relation to the demised property.