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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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There is a clause in a residential lease I am negotiating that

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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.

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Kind regards,

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