National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Express and implied provisions
232. Agreements by lessors and sublessors implied in absence of contrary intention
Feedback & supportThe following agreements on the part of the lessor shall be implied in every lease granted under Chapter 1 in the absence of any express provision therein to the contrary:
that, so long as the lessee duly observes and performs the provisions thereof, express and implied, he shall and may peaceably and quietly possess and enjoy the demised property during the term thereby granted, without any interruption or disturbance from or by the lessor or any person lawfully claiming through or under him;
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where the lease relates to a part only of any building, that the lessor will keep in repair the roof, the main walls and main drains, and any common passages or installations;
that if at any time during the continuance of the term thereby granted the demised property or any part thereof is rendered wholly or partially unfit for occupation or use by any event not attributable to the negligence of the lessee, his servants or agents, or any person lawfully claiming through or under him—
the rent thereby reserved, or a just proportion thereof according to the nature and extent of the damage sustained, shall cease to be payable until the property or part has been rendered fit for occupation or use, and
if the property or part is not rendered fit for occupation or use within six months, the lessee may determine the lease by the giving of one month’s notice in writing.
The like agreements shall be implied in every sublease so granted, in the absence of any express provision therein to the contrary, and subject to the necessary modifications.
Construction of implied agreements to keep “in repair”
in repair
“in repair”, in relation to any building or part of a building, means in such state of repair as that in which a prudent owner might reasonably be expected to keep his property;