Is the tenant protected if they unable to pay rent

COVENANTS IN A LEASE

LESSOR

• Peace and quiet possession
• Not to abrogate from the user of the property. Not to do anything that renders the property unfit or materially unfit.
• Keep the premises in a proper state of repair, external and the structure therein.
• Fit for human habitation at the commencement of the lease and throughout the lease period.
• Suspension of rent if the premises or part of it are damaged due to natural calamity or civil commotion until the premises is rendered fit within six (6) months.
• The landlord has an obligation to pay all outings.
• Obligation to insure the premises.
• Obligation to grant consent in certain transactions without unreasonably withholding it.
• Obligation to covenant that the property would be fit for purpose.

LESSEE’S COVENANTS

• Pay rent reserved by the lease
• Use the property in a sustainable manner e.g where there are trees those trees should not be cut.
• Not to sub-lease or charge the property without the consent of the head lessor.
• Keep the premises in a state of good repair
• To yield up the property; Need to give up the property at the end of the lease.
• Keep the boundary marks in repair
• Allow the landlord to enter the premises upon issuance of reasonable notice by the lessor.
• Obligation to insure the contents within the property.

REMEDIES OF THE LESSOR IN THE EVENT OF DEFAULT BY THE LESSEE

Forfeiture

The landlord is allowed to enter the premises and make the lease voidable if the lessee breaches express or implied conditions in the lease this could result as an act of omission or commission.

Forfeiture is exercised in two ways:

• Entering and remaining in possession of the premises if lessee is not in occupation.
• Exercised by court action. The lessor makes an application to the court to forfeit the In this case, tenant’s payment of rent does not act as a waiver of the landlord’s right to exercise his right of forfeiture because the right accrued way before the payment was made.

In order to exercise this statutory right, the lessor must serve a 30 days written notice of his intention to forfeit the lease and state the particular breach, require the lessee to remedy the breach within reasonable time.

Once notice has been served, lessee may apply to court for relief and the court may grant or refuse the relief. The court considers the proceedings, conduct of the parties and circumstances of each case.

Distress for rent

This remedy is applicable where lessee has not paid up the rent and it is governed by the Distress for Rent Act. If the landlord opts to distress for rent he cannot exercise eviction at the same time and the distrained goods are to remain on site for at least ten days (10 days). Once the lease expires, the landlord can still exercise distress within 6 months.

Action for recovery of rent

The landlord can sue for rent and damages. Lessee defaces the premises such that the landlord will incur costs in repair, nuisance. The landlord can also apply to court for an injunction to restrain the commission of the breach.

Source: PANUSE