Covenants to Pay Rent

Flashcards covering the legal principles of covenants to pay rent, including Lagos state specifics, case law, remedies, and definitions of rent-related terms.

Is the covenant to pay rent an implied covenant?

No, it is not an implied covenant and must be agreed on by the parties and included in the contract if the lessor wants rent to be paid.

Unless agreed otherwise, when is the covenant to pay rent typically payable?

It is payable in arrears.

What are the acceptable forms for paying rent as mentioned in the lecture?

Rent could be paid in money or money's worth, but it must be attainable.

What was the specific form of rent paid in the case of Pitcher versus Twey?

Rent was paid with bottles of wine.

What was rent equated with in the case of Doe Ednega versus Renham?

Rent was equated with cleaning the parish church.

What two key details regarding rent must be stated in the agreement?

The amount for rent and the period which the rent would cover.

Can a party unilaterally alter the rent amount once agreed?

No, once the parties have agreed to the sum to be paid as rent, neither party can unilaterally alter it.

Under Section 13 of the Tenancy Law of Lagos, when is a notice to quit unnecessary for a quarterly, half-yearly, or yearly tenancy?

When a tenant fails to pay rent for $1$ year.

According to the Tenancy Law of Lagos, for how long must a monthly tenant fail to pay rent before a notice to quit is no longer required?

$6$ months.

What is the part of a lease called that contains the covenant to pay rent and the rent review clause?

The Redendum.

What phrase characterizes the Redendum section in a lease draft?

Yielding and paying during the term granted the rent of…

What are the three remedies for failure to pay rent mentioned in the transcript?

An action in court to recover the money, an action in distress, and an action for forfeiture.

What does an 'action in distress' involve?

The seizure of the lessee's goods to satisfy the rent without going to court.

How does the Lagos Tenancy Law treat the action for forfeiture unlike other jurisdictions?

It is provided by law and may be used even if it is not expressly contained in the tenancy agreement.

Who is defined as a 'tenant at sufferance'?

One who entered the premises lawfully through a valid lease agreement but stays over after the expiration of his tenure.

How is 'arrears of rent' defined?

The amount owed for rent by the tenant to a landlord before the expiration of the lease.

What are 'mesne profits'?

The amount payable to a landlord by a tenant for the period between the expiration of the tenancy and the time the tenant gives up possession.