Tenant Agreement

To pay rent on the due date

Rent is usually payable in advance on a specified date of each month. Unless expressly provided to the contrary, rent is outstanding if not paid before midnight on the due date for payment.


To repair and maintain the property's interior

This covers all the internal physical condition of the property and its fixtures, furniture and electrical appliances. This does not, however, cover fair wear and tear, and structural and latent defects.


To pay rates

If the landlord has not agreed to pay the rates, the implied obligation is on the tenant to pay the rates since rates are an occupier's tax and the tenant, being an occupier, is therefore liable. However, in practice, there is usually an express agreement between the landlord and the tenant as to who is going to pay the rates.


To use the property in a "tenant-like" manner

A tenant has the implied obligation to use property in a reasonable and proper manner and to take care of the property as a reasonable tenant will do in his circumstances.

e. Not to commit waste
i. It is implied under common law that a tenant shall not commit waste. "Waste" consists of any act or omission which causes a lasting alteration to the nature of the property to the prejudice of the landlord or such act as may impair title to the property.
ii. Examples of waste include removal of wainscots (skirting boards) or floors, permitting walls to decay and converting residential premises into commercial or industrial premises and vice versa.
iii. The obligation not to commit waste is an obligation in tort, independent of contract.
iv. The measure of damages is the injury to the landlord, by considering the depreciation in value of the property.

To yield up vacant possession of the property upon expiry of the tenancy

Besides yielding up vacant possession of the property, the tenant also impliedly covenants to deliver up the property in a good, clean and tenantable condition (fair wear and tear accepted).