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View Full Version : What is over ruling - an implied covenant or an express term?



kayak
28-09-2011, 10:52 AM
Morning All,

I'm afraid you'll have to put up with my layman legal terms but hopefully I'll get my point across.

I've put it in this forum as its a mixture of legal, HMO and HMO licensable questions in there!

As I understand it, all tenancies have implied covenants such as quiet enjoyment and living in a tenant like manner. Whilst I'm not sure it has been tested, it could be argued that this includes that tenants should change batteries in smoke detectors (for the sake of clarity I'm talking about a Grade D system which is mains wired with a battery back up). If anyone is aware of any case law on this I would be grateful.

If we assume that this is part of a tenant like manner living, but the licence holder (landlord) also has a HMO licence on the property which binds him/her to ensure the fire alarm system is working etc, would it be correct to assume that the licence holder has a 'contract' with the council, but the licence holder has the right to enforce this contract through the tenant by requesting they change smoke detector batteries, or they will do so for them (at a charge).

Whilst I've gone down the route of an implied covenant of living in a tenant like manner, the same query also exists where changing smoke detector batteries is an express term in a written tenancy agreement.

In short, my question is - could tenants ever be held respsonsible for changing smoke detector batteries where the council state the repsonsibility is the licence holders?

I look forward to your thoughts!

John