Free Essays,College Free Essays,Free College Essays at Anti Essays

Obligations of the Tenant

To enter into possession, to occupy and use the subjects
The tenant has the right to be put in possession of the whole subjects let and to be maintained in possession during the period of the lease


To use the property only for the purpose for which it was let
In some cases the tenant uses the property for other uses, he is said to invert the possession. The land lord may raise an action of interdict and be authorised use stopped. For example if a book shop i.e. Waterstone’s in breach of their lease, have begun to sell compact disks in addition to books. It is said that the tenants have an obligation at common law to occupy the property only for purpose of the let and not invert the possession. This obligation is almost bound to be spelled out in even more detail in the use (or user) clause of the lease. The landlords may not have any need to stop the sale of compact discs, bur if want to (e.g. if they have tenants of a record shop nearby who are complaining), they could enforce the obligation by an action of interdict.


To take reasonable care of the property
The tenant will be liable for damage caused by his own negligence. The tenant must look after the property as best you can avoid causing damage to, or your neighbors’ property. This will include heating the property adequately and making sure it’s well ventilated. In particular, make sure you look after the property in cold weather. For example, if you go away during the winter leaving the property unoccupied, you should ensure the heating is left on a timer to keep the place warm. A burst pipe may be your landlord’s responsibility to fix, but it’s still your home that will be flooded. It is not a repairing obligation, but only a negative obligation upon the tenant to refrain from damaging the property by his negligence

To pay rent when it becomes due
The obligation is to pay...