ABSTRACT

This chapter describes the common law relationship between landlord and tenant. The landlord–tenant relationship is both a proprietary interest in land and a contractual arrangement. A tenancy on sufferance exists only because the landlord allows a tenant to remain in possession after the tenancy has expired but without formal consent or dissent. The landlord should reserve a right to inspect; otherwise he will be unable to enter the premises without the agreement of the tenant. A lease is a contract being specifically an instrument under seal which conveys part of the landlord’s interest to the tenant. An essential feature of a lease is that the landlord retains a reversion. The nature of the landlord–tenant relationship tends towards the document being more specific in detailing the tenant’s obligations rather than those of the landlord. The rent review has become a very important aspect of property investment, enabling a landlord to participate in increased rental values.