Common Law Implied Terms
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 in all tenancies which entitles the tenant to live in the property without disturbance from the landlord or people acting on the landlord's behalf. Despite the name, the right to quiet enjoyment does not have anything to do with noisy neighbours! Generally, a landlord does not have the right to turn up unannounced to check on a property or tenant. The tenancy must agree beforehand that the landlord wishes to enter for a specific purpose, such as repairing a window. It has been held that a breach of repairing covenants can also be considered a breach of the covenant of quiet enjoyment. A right of quiet enjoyment is often written into the tenancy agreement. The landlord can then limit or widen the scope of the implied obligation or even make the covenant for quiet enjoyment conditional on the tenant complying with their duties. 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
Tenant like manner has been defined in case law as 'to do the little jobs about the place which a reasonable tenant would do'. Tenant like manner includes 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 must not wilfully or negligently damage the house (nor allow others to do so).
The Tenant Shall Not Permit Waste
The tenant is responsible for ensuring the property is not damaged through their failure to act (e.g. reporting the need for repair and is kept clean and free from rubbish during the tenancy.
Fair Wear and Tear
The tenant will be entitled to an element of fair wear and tear.
Fair wear and tear has been defined as "reasonable use of the premises by the tenant and the ordinary operation of natural forces". The word 'reasonable' can be interpreted differently, depending on the property type and who occupies it. In addition, a landlord is not entitled to charge his tenants the full cost for having any part of his property or any fixture or fitting put back to the condition it was at the start of the tenancy.
A landlord should not end up financially or materially in a better position than he was at the start of the tenancy or than he would have otherwise been at the end of the tenancy after having allowed for fair wear and tear.
When considering repayment of a deposit, landlords should keep in mind that the tenant's deposit is not to be used like an insurance policy where you might get total replacement value' or' new for old'.
The three tenancy deposit schemes (see later) have jointly produced a helpful leaflet that includes fair wear and tear information.
The Tenant Must Not Use the Rent to Pay for Repairs, Except in Very Limited Circumstances
The tenant must report repairs to the landlord/agent. Using rent for any other reason could result in eviction from the property.