How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

There is a clause in a residential lease I am negotiating that

This answer was rated:

There is a clause in a residential lease I am negotiating that says "any covenants on the part of the Landlord contained in this Lease shall be deemed conditional upon the Tenant paying the rents and performing and observing the covenants and agreements on the Tenant's part contained in this Lease;" Is this normal?

Thanks for your patience.

There fairly common in well drafted leases. It’s not that prejudicial to you because it does not affect your right to occupy the property. The landlord can still only evict you on the grounds specified under the Housing Act legislation. In terms of repair the landlord would still be obligated to repair the property even if you were in breach of the lease because this is also a statutory requirement.

It’s a bit of a red herring really. If dispute arise and you wish to compel the landlord to carry out their statutory duties in relation to the tenancy they will point to that clause and say “no, this clause means I don’t have to”. This would be legally incorrect because they cannot derogate from their statutory responsibilities. Statute trumps contract clause really.

You can ask for it to be deleted, they are under no obligation to do so (even though it’s not of much use to them). If they refuse then I would request the word “materially” is inserted before "..observing" in the clause but you would not be doing this to secure yoru legal rights, only for the sake of practically avoiding the landlord attempting to claim on it in your intial discussions of any dispute that should arise.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas and other UK Property Law Specialists are ready to help you

Related UK Property Law Questions