ABSTRACT
This chapter considers landlord and tenant obligations that are commonly implied. On behalf of the landlord these include: the covenant for quiet enjoyment and not to derogate from grant, and implied obligations to repair. On behalf of the tenant implied covenants include: not to assign/sublet, to pay rent and taxes, to allow the landlord entry, not to deny the landlord's title, covenants regarding use, and also covenants to repair. Where the covenant for quiet enjoyment is not expressed it is, in any event, implied. A landlord may be held to be in breach of the covenant for quiet enjoyment as a result of either direct physical interference with the tenant's use and enjoyment of the premises or by more indirect infringement. Landlord affected the plaintiff's privacy as anyone using the staircase could see into the rooms. The landlord, on the advice of their professional advisers, considered traditional scaffolding shrouded by sheeting to be the only viable option.
