Leasehold: Duties of Tenants To The Landlord

The leasehold scandal of 2017 (note that 2017 was just the viral year, leasehold issue has been on) got a twist of sorts. Marked by UK government stance on the matter, what should also matter here are what moves did other key players make?

Powerful developers did get together to guide awareness and interests on the leasehold scandal. Huge sums were set aside by some of these stakeholders to compensate tenants and leaseholders affected by ground rent matters. Anyway let us take a look at what tenant's duties are to the landlord. We may also find scandals from tenants or leaseholders too. Read on.

Key Issue: Duties of Tenants/Leaseholders to Landlords

Apart from the duties of the tenant as defined by the lease, common law has some duties to add. Find these below.

  1. Pay Rent
The composition of rent is not only the periodic amount paid, but in addition, it is taxes and utilities payable to the landlord as rent. Some leases may require security fees from tenants. Others are termed caution fees: money added to rent. This money is for repairs and damages which may be caused my tenants, seen after the property has been vacated. The security payment on the other hand is money paid by tenant to the landlord so that if tenant fails to pay rent, that money will secure the tenant's performance.
  2. Deface Property, Restore Property

    3. If there are no specific agreement in the lease on what leaseholders can do, a tenant/leaseholder can effect aesthetic adjustment to leased property. However, major or structural renovation is forbidden. Removing a wall to enlarge a room (not fixing telephone lines or putting up pictures or hanging a cupboard) is unacceptable.

    If the property is damaged during the tenant's stay, the tenant must restore it to normalcy or to its first look. However, scratches to floor, wear and tear, these are normal to occupancy. These will not attract adjustment.

     


  3. Illegal Property Use Is A Breach

    4. Using the property for illegal purposes, this violation is gross disregard of agreement, the landlord is in his rights to effect immediate eviction. 

Landlord’s Recourse

    An aggrieved landlord may resort to termination of tenancy, seek damages in civil court or take the option of self help.

What About Self Help?




Note, a holdover tenant: one who overstays their rent or lease. Also, the holdover tenant is called a tenant at sufferance. This individual is liable to eviction. Some countries have laws that allows self help as a last resort for landlords when dealing with tenants at sufferance. Seeking self help is statutory in some countries and involves a non-harmful, non combatant move by the landlord to evict a holdover.

These measures above are to deal with leasehold scandal - tenant's misbehaviours. I hope you use the info as you deem it fit. Good luck.