Express Covenants in Lease Agreements

This set of flashcards covers the definition, negotiation, and examples of express covenants in lease agreements based on the lecture transcript.

What are express covenants?

Express covenants are covenants which will not be implied in the lease or enforced by the parties except there is a definite agreement on them.

When are express covenants typically agreed upon by the parties?

They are agreed by both parties during negotiations and exchange of drafts.

Where are express covenants formally documented?

They are expressed in the lease agreements.

What other types of covenants do express covenants often incorporate?

They often incorporate a mixture of both usual and implied covenants.

As a solicitor, how should a standard covenant be drafted?

It is supposed to be drafted to suit the party being represented (either the lessor or the lessee) depending on the facts given.

What is an example of a covenant for the lessor mentioned in the transcript?

Option to renew.

What is an example of a covenant for the lessee mentioned in the transcript?

Abutment of rent.