Many people believe that once they secure a lease, they can do anything they like with the land or property. Build, demolish, rent it out, or even leave it in ruins, because they think, “I paid for it.” But a lease is not ownership. The true legal title remains with the landlord, and the law imposes certain restrictions on what the tenant, or lessee, can and cannot do.
The Land Act, 2020 (Act 1036), does not leave these matters to chance. It implies certain covenants, or legal duties, into every lease agreement. These covenants bind the tenant whether or not they are written into the lease. In this article, we explain what those duties are, what happens when you breach them, and why every tenant should take them seriously.
Understanding the Lease Relationship
A lease is a legal arrangement where someone with a valid interest in land, usually the landlord or lessor, gives another person, the tenant or lessee, the right to use the land for a specific period. While the lessee has control over the land during the lease term, the ownership remains in the lessor. That is why the law places limits on what the lessee can do. It is not a free pass to use the land however you please.
The Tenant’s Legal Duties Implied by Act 1036
Section 51 of the Land Act sets out several obligations that are automatically included in a lease. These are the duties every tenant takes on by law, whether or not the lease document mentions them. Here are key ones:
- Payment of Rent
The tenant must pay the agreed rent at the times and in the manner specified in the lease. This duty is central to the lease relationship. If the rent is not paid, the landlord has a strong legal basis to end the agreement.
- Allowing Repairs to Adjoining Premises
If the landlord owns a nearby property that needs repair or alteration, the tenant must allow access through the leased property for the work to be done. The landlord must first give written notice and must also fix any damage caused by the entry.
- No Alterations or Additions Without Permission
The tenant is not allowed to put up new buildings or change the structure of the existing ones without first getting the landlord’s written consent. This includes extensions, partitioning, or any major physical change to the property. Also, the tenant is enjoined not to cut into or damage any part of the building’s structure, such as walls or timber, unless they have the landlord’s written approval.
- No Subletting or Transfer Without Consent
The tenant cannot give the premises to someone else or sublet it without the landlord’s consent in writing. That consent cannot be withheld unfairly, but it must still be sought before any transfer is made.
- No Illegal or Immoral Use of Premises
The property cannot be used for anything illegal or morally offensive. This includes using it for unlawful businesses, criminal activities, or purposes that violate public decency.
- No Nuisance or Annoyance
The tenant must not do anything that causes a disturbance to the landlord, other tenants, or neighbours. Loud music, harmful smells, and dangerous conduct are common examples of what could amount to nuisance or annoyance.
- Returning Property in Good Condition
When the lease ends, the tenant must hand the property back in good and tenantable condition. This includes any fittings and fixtures that came with it. The place must be returned clean and in decent shape, not abandoned or damaged.
What Happens If a Tenant Breaches These Duties
When a tenant breaks any of these implied covenants, the landlord has clear legal options at their disposal to protect their property interests and keep their premises in good shape. These include:
- The option of terminating the lease if the breach is serious
- Suing the tenant for damages or loss caused by the breach
- Refusing to renew the lease at the end of its term
- Applying to court to order the tenant to comply with their obligations
Conclusion
A lease gives you access and control, but not total freedom. The law expects tenants to act responsibly and stay within the limits of the agreement. Even if your lease is silent on certain points, the Land Act steps in with implied rules that you must follow.
Before you start construction, hand the place over to someone else, or use it in a way that might cause problems, ask yourself whether the law allows it. When in doubt, speak to a lawyer. It is the best way to avoid trouble and make sure you enjoy your lease in peace.
