Leasehold: Know Your Landlord’s Duties Before You Sign

Before we delve into what duties landlords are to fulfil according to agreements of leaseholds and relevant estate laws, we shall look at related terms. Bear in mind that there was a massive national conversation in UK, in 2017, about what was tagged leasehold scandal. You may know or have heard about it. Anyway, read below and find relevant information to guide your decisions going forward.

Related Legal Terms And Issues
  1. Civil Court – A court which hears non-criminal cases.
  2. Implied Warrant of Habitability – A Landlord's obligation stipulating his responsibility for the suitability of his property. It includes, but not limited to, ensuring the property has running water, heat during the winter, doors that lock, etc.
  3. Lease – A contract whereby two parties bound by it - on one hand, the landlord or owner who coveys land or property to another party, the tenant on the other hand. All these, within a specified time.
  4. Landlord – One who rents or leases land or property to another.
  5. Tenant – A person who occupies or rents property from another person.
  6. Terminate – To cause a lease, contract, or other agreement to come to an end.
There are specific duties enshrined in leasehold estate which state what landlords are to provide. Find below.
  • If the lease pertains to a home or commercial building, landlords must ensure their premises are in habitable condition. If leasehold estates are for landed property, it may be leased for such purposes as planting crops, grazing livestock, or holding a public event.
  • Landlords are also to ensure their tenant experience quiet enjoyment of Landlord's property. Here are violations:

i. Eviction by direct invasion;
ii. Prevention of his tenant from accessing all or part of the leased property; and 
iii. The event of leasing part(s) of the property to another thereby hindering a tenant from having full access to the property.
Tenant may do two things if above violations are substantive:
  • The tenant has the right, so he can legally terminate the lease; or
  • He may remain in the property pending the expiration of his agreed lease end date; afterwards, he can sue in civil court.

The above information has shed some light on the duties and responsibilities of landlords in leasehold estates. This, I believe, can guide anyone looking to be informed about leasehold scandals with a view to learning what a landlord's duties are. So good luck with the info.