To yield up possession to the landlord at the end of the tenancy Failure to do

To yield up possession to the landlord at the end of

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To yield up possession to the landlord at the end of the tenancy: Failure to do so will render the tenant liable for the landlord’s costs: Anderson v Bowles (1951) 84 CLR 310. In the case of agricultural land, to cultivate in a husband-like manner:
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Husband-like (in the sense of husbandry) refers to a duty to cultivate land according to customary usages in the local area: Powley v Walker (1793) 5 Term Rep 373. Agricultural leases are governed by the Agricultural Tenancies Act 1990 (NSW) Covenants implied by statute Implied covenants may be varied based on freedom of contract: Conveyancing Act 1919 (NSW), s 74(2). Covenant to repair: This is covered by the Conveyancing Act, s 84(1)(b) “That the lessee…will, at all times during the continuance of the said lease, keep and, at the termination thereof, yield up the demised premises in good and tenantable repair, having regard to their condition at the commencement of the said lease, accidents war damage and damage from fire, flood, lightning, storm and tempest, and reasonable wear and tear excepted.” Covenant to pay rent: This is set out in the Conveyancing Act, s 84(1)(a). Covenant to allow landlord to inspect and repair: A landlord may enter twice a year with notice at a reasonable time of the day to inspect property ( s 85(1)(a) ) and may serve a written notice on the tenant to repair ( s 85(1)(b) ), otherwise the landlord may enter the property at any time to carry out repairs ( s 85(1)(c) ). Covenant to re-enter for non-payment of rent: The landlord has a right to re-enter and forfeit the lease if the rent is in arrears for at least one month ( s 85(1)(d) ). Covenant to re-enter for breach of non-rental covenants: If a tenant has breach a covenant for 2 months or has failed to repair the premises after receiving written notice, the landlord may re-enter and forfeit the lease ( s 85(1)(d) ). Covenants by necessary implication This exists to promote business efficacy to the contract. Liverpool City Council v Irwin [1977] AC 239 : Tenants in a multi-storey council housing estate successfully argued that the landlord had breached a duty to keep the lifts and staircases in a satisfactory state of repair. The House of Lord held that there was an implied covenant to repair. Karraggianis v Malltown Pty Ltd (1979) 21 SASR 381 : A tenant on the sixth floor in a commercial building successfully argued that the landlord had breached the covenant of the lease by closing down a lift. Covenants by other implied obligations Tort of Negligence : In Northern Sandblasting Pty Ltd v Harris [1997] 188 CLR 313 , the High Court held
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