The presence of an express covenant in a lease precludes the operation of an implied covenanton the same topic.Covenants implied at common lawIf a lease is silent on a matter the common law may imply a covenant into a lease. LandlordoQuiet EnjoymentoNot to derogate from the grant of the leaseoFitness for habitation of furnished premises are dealt with exclusively under the residential tenancies actTenantoTo use the premises in a tenant like manneroTo yield up possession to the landlord at the end of the tenancyoIn the case of agricultural land to cultivate in a ‘husband-like’ mannerQuiet enjoymentLandlord will not interfere with the tenants’ rightsHudson v Crippslandlord removed doors and windows from property to try to remove tenantResidential Tenancies Act 2010 NSW 50Tenant’s right to quiet enjoymento(1) A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (such as a head landlord) to that of the landlord.o(2) A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premisesNon-derogation from grantThe lessor can’t take something away from the grant of lease they have made
They can’t do anything inconsistent with the purposes for which the premises were leased.Karraggianis v MalltownPty Ltd (1979)21 SASR leased premises were on the 6thfloor of a building and the landlord ceased operating a lift. RETAIL LEASES ACT 1994 - SECT 33 Lessee to be given notice of alterations and refurbishment33 Lessee to be given notice of alterations and refurbishment A retail shop lease is taken to provide that the lessor must not commence to carry out any alteration or refurbishment of the building or retail shopping center of which the retail shop forms part which is likely to adversely affect the business of the lessee Tenant like mannerResidential tenancies act s 51 uses of a premises by tenant(1) a tenant must not do any of the followingo(a) use the residential premises, or cause or permit the premises to be used, for any illegal purpose,o(b) cause or permit a nuisance,o(c) interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant,o(d) intentionally or negligently cause or permit any damage to the residential premises,o(e) cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.(2) A tenant must do the followingo(a) keep the residential premises in a reasonable state of cleanliness, having regard tothe condition of the premises at the commencement of the tenancy,o(b) notify the landlord of any damage to the residential premises as soon as practicable after becoming aware of the damage.
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