2018

Real Property II
“The relationship between landlord and tenant is governed by laws which seek to
balance the rights and liabilities or obligations of both parities. Discuss with reference
to relevant cases and statutes.”
GROUP MEMBERS: - 1021066 -1022458 -1013774 -1010858
Contents
I. Table of Cases ......................................................................................................................... 2
II. Table of Statutes .................................................................................................................. 3
1.0 History & Development of the Law of Landlord and Tennant ............................................ 4
2.0 Rights and Duties of Landlords & Tenants.......................................................................... 4
2.1 RIGHT OF TENANTS & DUTIES OF THE LANDLORD ........................................... 4
2.1.1 Remedies available to tenants ................................................................................... 7
2.2 RIGHTS OF LANDLORDS & DUTIES OF THE TENANT .............................................. 8
2.2.1 Remedies available to landlords ............................................................................... 9
2.0 Conclusion ......................................................................................................................... 10
III. Bibliography ...................................................................................................................... 11

1
 I. TABLE OF CASES
Barrow v Isaacs [1891] 1 QB 417
Browne v Flower [1911]1 Ch 219
Collins v Hopkins [1923] 2 KB 617.
Deen v Mahabir (1970) 17 WIR 21.
Eller v Grovecrest Investments Ltd [1994] 4 All ER 845
Samad v Jordon (1972) HC, Guyana No1289 of 1970
Street v Mountford [1985] 2 All ER 289
Hamblin v Samuel [1966] 11 WIR
Hewit v Roland [1924] All ER
Hill v Barclay (1811) Ves Jun 56, 62; 34 ER 238, 240.
Jeune v Queen’s Cross Properties [1973] 3 All ER 97
Kanhai v Gosine (1988) Court of Appeal, Trinidad and Tobago, Mag App No 125 of 1988
(unreported) [Carilaw TT 1988 CA 31].
Liverpool CC v Irwin [1976] 2 All ER 39.
Marcus v Bynoe (1981) No 3533 High Court Demerara, Guyana
Milo Butler and Sons Investment Co Ltd v Monarch Investments Ltd (1998) Supreme Court, The
Bahamas, No 10 of 1989 (unreported) [Carilaw BS 1998 SC 115].
O’Brien v Robinson [1973] 1 All ER 583.
Pantin v Williams (1995) High Court, Trinidad and Tobago, No 1379 of 1991 (unreported)
[Carilaw TT 1995 HC 46].
Poe v Griffith [1938] 1 All ER 295
Sanders v Pope (1806) 12 Ves Jun 283; 33 ER 108
Sarsson v Roberts [1895] 2QB 395
Shiloh Spinners Ltd v Harding [1973] AC 691
Warren v Keen [1954] 1 QB 15, 21; also by way of statute in Guyana: s 8 of Cap 61:01
(Guyana).
Yellowly v Gower (1855) 156 ER 833.

2
 II. TABLE OF STATUTES
Landlord and Tenant Act, Cap 61:01 (Guyana).
The Rent Restriction Act, Cap 36:23 (Guyana)
Limitation Act 2000 Cap 170 (Belize)
Title to Land (Prescription and Limitation) 1973, Cap 60:02(Guyana).
Land Registry Act, Cap 5:02 (Guyana)

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1.0 HISTORY & DEVELOPMENT OF THE LAW OF LANDLORD
AND TENANT

The law of landlord and tenant governs the relationship between lessor and lessee (otherwise called
landlord and tenant respectively), defines the rights and obligations of the parties, and lays down
the formalities for the creation and the termination of their relationship. 1
The concept of a Landlord and Tennant relationship can be traced to biblical times as Jesus Christ
illustrated the existence of such a relationship in the Parable of the Wicked Tenants in the Gospel
of Mark2. In medieval times, leaseholds were merely contractual rights to occupy land and, as
such, a lessee could be evicted at any time. He had no estate in the land, and his only remedy for
wrongful dispossession was an action for damages against the dispossessor. However, balance was
brought in the 15th century with the development of the action of ejectment and it became possible
for a dispossessed tenant to recover possession of the land.3 At this juncture, leaseholds may be
said to have acquired the status of a proprietary interest and an estate in the land.
In the Dutch-American colonies, the relationship observed was one between a patroon and his
colonist where the peasantry was bound to the land as “apprentices”. The earliest form of leases
and tenancies in the colonies developed from the period of emancipation. Cottages were
constructed for labourers who lived there rent free for the duration of their contract of service,
however upon the termination of this contract, rent was to be paid if occupation of the cottages
continued and birthed the creation of tenancy in a modern sense. The change of colonizers from
Dutch to British raised issues as it related to the accessibility and enforceability of this alien legal
structure.4 As such, British Guiana saw its first adaptation of British Common Law to this area in
1846 which, by virtue of S 4 of the Landlord and Tenant Act5, remains in effect to this day.
In modern land law, the landlord and tenant relationship is typically governed by terms agreed on
by the parties but they may not expressly advert to and provide express terms to govern all the
issues which may arise in their relationship.6 However, there are certain covenants that are implied
by statute or common law and usual covenants.

2.0 RIGHTS AND DUTIES OF LANDLORDS & TENANTS

2.1 RIGHT OF TENANTS & DUTIES OF THE LANDLORD
A tenant can be defined as any person entitled in possession to the land or building under any
contract of tenancy, whether the interest of such tenant was acquired by original contract,
assignment, operation of law or otherwise. They have a colossal of rights which, at many times,

1
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition)
2
The Bible. Authorized King James Version, Oxford UP 1998.
3
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition)
4
Fenton H W Ramsahoye, O R Marshall, The development of land law in British Guiana; Dobbs Ferry, N.Y. Oceana
Publ. 1966
5
Landlord and Tenant Act, Cap 61:01 (Guyana).
6
Sampson Owusu, Commonwealth Caribbean Land Law; Routledge-Cavendish 2007

4
are contingent on the obligations of the landlord. Additionally, landlords are under certain
obligations that the courts find are fit in exchange for the duties of a tenant. The following are the
rights of tenants and duties of landlords:
(a) There is an implied covenant that the landlord will not derogate from his grant.7 A tenant
is entitled to enjoy property to the extent agreed upon between the parties and in the event
of the property being less in extent, the tenant can cancel and could claim damages where
the landlord is responsible for the decrease in extent of the premises.8
(b) At common law, it is implied in every lease a covenant on the part of the landlord that the
tenant shall have ‘quiet enjoyment’9 This includes the tenant’s right to enjoy his land for
the purpose of the lease.10
(c) A tenant is entitled to have exclusive possession of the premises, 11 which means that the
tenant must be given the right to exclude all other persons from the land, including the
landlord and can maintain an action in trespass against any person who interferes with his
right to possession.12,13
(d) A tenant is free to assign, sublet or part with the possession of the demised premises to a
third party14, in the absence of any express covenant to the contrary.15
(e) A tenant is entitled to enjoy a lease for the duration of time stipulated by the lease. A
landlord cannot terminate the lease before the end of the period unless the tenant has been
in breach of a condition in the lease, or the lease contains a forfeiture clause and the tenant
has committed a breach of covenant that entitles the landlord to forfeit the lease. 16 And
where a tenant remains in possession of the property after expiry of the lease, and rent is
paid and accepted on a periodic basis, a periodic tenancy arises.17.18
(f) For a fixed term lease, a tenant has the right to pass his proprietary interest in the lease
upon his death, under his will or intestacy.19

7
Browne v Flower [1911]1 Ch 219, Poe v Griffith [1938] 1 All ER 295
8
It is a criminal offence for landlords, without consent of the tenant, to remove roof, doors, windows, etc, other for
the purpose of repair, pursuant to s. 60 of the Landlord and Tenant Act, Cap 61:01 (Guyana).
9
The word ‘quiet’ in the covenant does not refer simply to absence of noise, but rather to enjoyment without
interference.
10
Report of Commission on Civil and Criminal Justice in the West Indies and South America (1828) H.S.M.O
11
S. 3 of the Landlord and Tenant Act, Cap 61:01 (Guyana).
12
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 8.
13
Street v Mountford [1985] 2 All ER 289.
14
S. 16 of the Landlord and Tenant Act, Cap 61:01 (Guyana).
15
Samad v Jordon (1972) HC, Guyana No1289 of 1970
16
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 17.
17
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 18.
18
Kanhai v Gosine (1988) Court of Appeal, Trinidad and Tobago, Mag App No 125 of 1988 (unreported) [Carilaw
TT 1988 CA 31].
19
Ibid.

5
 (g) For periodic tenancy, a tenant has the right to be informed by way of proper notice 20 that
his landlord has intention to quit the lease.21
(h) A tenant has all right to remain in occupation under a rent-free tenancy at will.22,23
(i) At common law, where residential premises are let furnished, there is an implied condition
that they must be fit for habitation at the commencement of the tenancy24,25 , but there is
no obligation to keep the premises habitable26. However, many jurisdictions in the
Commonwealth Caribbean, like Guyana, impose a statutory duty on landlords that the
residential premises must not only be fit for habitation, but for the duration of tenancy.27
(j) There is an implied covenant, unless agreed upon in the instrument of the lease, that the
landlord will pay rates and taxes as applicable for the lease. This has been codified in
Guyana as it relates to Registered Land28.
(k) The landlord of a high-rise building has an implied common law duty to keep in a
reasonable state of repair the lifts, staircases and other common facilities, such as lighting
and garbage chutes, for the benefit of all the tenants in the building,29.30
(l) A tenant must be served with a statutory notice31 specifying the particular breach
complained of; and if the breach is capable of remedy, requiring the lessee to remedy the
breach; and requiring the lessee to make compensation in money for the breach 32 before a
lessor can proceed to forfeit a lease for breach of any covenant other than the covenant to
pay rent.
(m) As it pertains to the Rent Restriction Act33 (hereinafter RRA), a tenant has the right to apply
to a magistrate to have the standard rent of the premises ascertained and certified and the
maximum rent of the premises assessed, fixed and certified.34 In the proceeding of
investigation, the tenant has the right to give evidence, produce documents and call

20
The length of notice required to terminate a periodic tenancy depends on the form that the tenancy takes, viz, a
weekly tenancy can be terminated by a week’s notice; a monthly tenancy by one month’s notice; and a quarterly
tenancy by three months’ notice. An exception to this rule is the yearly tenancy, which is terminable by half a year’s
notice.
21
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 17.
22
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 18.
23
Deen v Mahabir (1970) 17 WIR 21.
24
For example, the drains must not be defective, nor must the premises be infested with bugs. Ergo, the landlord has
no obligation to keep the premises habitable, so, if they subsequently become unfit, the landlord is not liable.
25
Collins v Hopkins [1923] 2 KB 617.
26
Sarsson v Roberts [1895] 2QB 395, Hamblin v Samuel [1966] 11 WIR
27
S 44(1) of the Landlord and Tenant Act, Cap 61:01 (Guyana).
28
S 90 (1) (b) Land Registry Act, Cap 5:02 (Guyana)
29
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 25.
30
Liverpool CC v Irwin [1976] 2 All ER 39.
31
Pantin v Williams (1995) High Court, Trinidad and Tobago, No 1379 of 1991 (unreported) [Carilaw TT 1995 HC
46].
32
S 10(1) of the Landlord and Tenant Act, Cap 61:01 (Guyana).
33
The Rent Restriction Act, Cap 36:23 (Guyana). The Act is applicable to all dwelling houses, whether furnished or
unfurnished; all public or commercial buildings, whether furnished or unfurnished; and all building land.
34
S. 6 (2) of the RRA.

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 witnesses,35 and cross-examine the landlord or his agent or any such witness.36 Also, the
tenant has the right to appeal the decision of the magistrate to the High Court.37
2.1.1 REMEDIES AVAILABLE TO TENNATS
To protect the rights of tenants, the courts have made the following remedies available to them if
a landlord breaches the terms of the lease:
(a) Tenants are entitled to claim damages on any failure of the landlord to effect his duties
insofar as to allow for the levying of distress.38
(b) Where a landlord is plainly in breach of a covenant (such as that to repair), and there is
no doubt as to what is required to remedy the breach, an order for specific performance
may be granted by the courts39.
(c) A tenant may off-set against rent, by way of an arguable claim for damages for the breach
of a covenant, against a claim by the landlord to levy distress 40.
(d) The option to self-help, where a tenant is entitled to arrange to have the repair work done
and to deduct the cost from future payments of rent where a landlord has covenanted or is
subject to a statutory obligation to repair and having been notified by the tenant of the need
for certain repairs, fails to carry them out.41
(e) A tenant may obtain an injunction against a landlord for any unlawful act the landlord has
sought to undertake (such as that of illegal eviction)42.
(f) The tenant also has the option of equitable relief against forfeiture. Previously, this was
limited to two heads of relief: (a) where the right to forfeit was inserted by way of security
for the payment of rent and (b) where the breach had been occasioned by fraud, accident,
mistake or surprise.
43
Sanders v Pope introduced a more discretionary approach to equitable relief; however,
this was reversed by Lord Eldon’s judgment in Hill v Barclay44 in 1811. This remained the
position until 1973, when the House of Lords in Shiloh Spinners Ltd v Harding45 revised
the scope of equity’s jurisdiction to grant relief for breaches of other covenants in the same

35
S. 7 (11) of the RRA.
36
S. 7 (10) of the RRA.
37
S. 11 of the RRA.
38
Hewit v Roland [1924] All ER 1099 – Where a landlord had failed to repair the property as required by his
covenant. It was held that the primary measure of loss for a breach of a contract is the diminution in value of the
services promised and damages are recoverable to this extent.
39
Jeune v Queen’s Cross Properties [1973] 3 All ER 97
40
Eller v Grovecrest Investments Ltd [1994] 4 All ER 845
41
Milo Butler and Sons Investment Co Ltd v Monarch Investments Ltd (1998) Supreme Court, The Bahamas, No 10
of 1989 (unreported) [Carilaw BS 1998 SC 115]. The landlord had covenanted ‘to keep and maintain the main
structure and all exterior parts … including the roof … in good and tenantable repair’. The tenant informed the
landlord in writing that the roof was in urgent need of repair and, after the landlord’s failure to respond, the tenant
gave notice of his intention to effect the repairs and to deduct the cost from future rent payments. Allen J, in the
Supreme Court of the Bahamas, held that the tenant was not liable for failure to pay rent equivalent to the cost of
carrying out the necessary repairs.
42
Marcus v Bynoe (1981) No 3533 High Court Demerara, Guyana
43
(1806) 12 Ves Jun 283; 33 ER 108
44
[1810] EWHC Ch J30
45
[1973] AC 691.

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 way as that in the case of rent, namely, to prevent a forfeiture where the landlord may be
adequately compensated and receive proper undertakings as to future performance, so that
the option of forfeiture is merely a security to achieve these results.

2.2 RIGHTS OF LANDLORDS & DUTIES OF THE TENANT

Generally, a lease is a form of a contract between two or more parties, 46 one party enjoying the
rents and profits of the land being payable under the tenancy – the landlord47. Therefore, just as
the tenant has a plethora of rights contingent to the duties of the landlords, landlords also have
rights contingent to the duties of a tenant as the court attempts to balance the rights and obligations
of both parties. The following are the rights of a landlord and duties of a tenant:
(a) A tenant has the obligation of paying rent. At common law, rent is payable in arrears, but
this may be, and usually is, displaced by agreement between the parties or by a custom that
the rent should be paid in advance.48
(b) The landlord has a right of entry, correlative to the obligation to repair and keep fit for
human habitation, with adequate notice49. The tenant therefore has a statutory duty to afford
the landlord access to all reasonable facilities for executing any repairs which the landlord
is entitled to execute.50
(c) Tenant must notify the landlord, or otherwise make him aware, of such need for repairs to
the house.51
(d) A tenant is under a duty to vacate the property during period of repairs, but this is balanced
by an entitlement to claim remission of rent for the period during which he was deprived
the use of the property, except where the repairs only took days or if longer, he was not
inconvenienced thereby.52
(e) For periodic tenancy, tenants are under a duty to give proper notice53 to quit the lease.54
(f) A tenant for a fixed term is liable for both voluntary waste55 and permissive waste56 and,
therefore, in the absence of an express stipulation to the contrary, he is under a duty to keep
the premises in proper repair.57

46
S. 5 of the Landlord and Tenant Act, Cap 61:01 (Guyana).
47
S. 4 of the Landlord and Tenant Act, Cap 61:01 (Guyana).
48
Francis v Daley (1964) 6 WIR 256.
49
S 44 (2) Landlord and Tenant Act, Cap 61:01 (Guyana)
50
S. 22 of the RRA.
51
O’Brien v Robinson [1973] 1 All ER 583.
52
Fenton Ramsahoye, The Development of Land Law in British Guiana; Oceana Publication Inc 1966
53
S. 55 of the Landlord and Tenant Act, Cap 61:01 (Guyana).
54
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 17.
55
That is, positive acts of injury to the property, such as altering or destroying it.
56
That is, allowing the property to become dilapidated through omission to repair.
57
Yellowly v Gower (1855) 156 ER 833.

8
 (g) A yearly tenant is certainly liable for voluntary waste,58 but there is uncertainty as to the
extent of his liability for permissive waste.59
(h) Tenant has a duty to notify the landlord of original damage to the house due to fair wear
and tear. He is not liable for the original damage but may be liable for any consequential
damage resulting from his failure to rectify the original damage of a house, where it
should be obvious to a reasonable person that, if not rectified, further and lasting damage
would ensue.60
2.2.1 REMEDIES AVAILABLE TO LANDLORDS
Where a breach is capable of remedy,61 three months is usually regarded as a ‘reasonable time’
for the tenant to comply with the notice;62 but where the breach is incapable of remedy,63 it has
been held that the lessor may proceed to forfeit the lease after 14 days.64 Therefore, just as
tenants’ rights are protected by remedies, landlords may have the following remedies available to
them if a tenant breaches the expressed or implied terms of the lease:
(a) A landlord is entitled to recover all rents due and payable to him from his tenant. This type
of recovery can be done through the courts65 and can become successful in an action if he
proceeds within the time limited by statute.66 However, should the landlord fall out of the
specified time in respective jurisdictions, it would be considered statute barred.67 Prima
facie at common law, chattels found on a demised premises may be distrained upon in an
action for recovery. However, where a good is privileged, it cannot be distrained upon there
is sufficient other distress on the premises.68
(b) Where there is a tenant at sufferance,69 a landlord may claim possession at any time, and
he is entitled to claim compensation for the tenant’s ‘use and occupation’.70

58
Warren v Keen [1954] 1 QB 15, 21; also by way of statute in Guyana: s 8 of Cap 61:01 (Guyana).
59
According to one view, a yearly tenant’s liability is the same as that of a tenant for a fixed term. Another view is
that he is merely liable to keep the premises wind and watertight, fair wear and tear excepted. A third view is that
his liability is no greater than that of a weekly, monthly or quarterly tenant, viz, his only obligation is to use the
premises ‘in a tenant-like manner’.
60
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 30.
61
For example, where there is breach of a repairing covenant.
62
Scala House and District Property Co Ltd v Forbes [1973] 3 All ER 308.
63
For example, where there has been breach of a covenant against immoral user and a ‘stigma’ has attached to the
premises.
64
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 41.
65
S. 10 (4) of the Landlord and Tenant Act, Cap 61:01 (Guyana).
66
The prescribed period for recovery in most cases would be 6 years under s. 23 of the Limitation Act 2000 Cap 170
(Belize) or 3 years as stipulated by s. 14 of the Title to Land (Prescription and Limitation) 1973, Cap
60:02(Guyana).
67
Even though, it is statute barred, there is an exception to this rule which allows the parties involved to continue
payments that have already commenced repaying.
68
S. 20-32 of the Landlord and Tenant Act, Cap 61:01 (Guyana).
69
That is, a tenant remains in possession of the land after the expiry of his lease without the landlord’s assent or
dissent. A tenant at sufferance differs from a trespasser in that his original entry was lawful, and from a tenant at will
in that his tenancy exists without L’s consent.
70
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 19.

9
 (c) In breach of a covenant71 against assigning or underletting of an absolute or qualified
covenant, the landlord may claim forfeiture of the lease and/or claim for damages; in the
case of a qualified covenant, if the tenant omits to apply for consent to an assignment or
underletting, the landlord can claim for damages in any event and to forfeiture of the
lease.72
(d) Where a condition in a lease is broken, the landlord is entitled to resume possession by re-
entry73 upon the premises and the lease will be terminated, as the continuance of the lease
has been made conditional on the tenant’s carrying out his obligations. Where a covenant
is broken, on the other hand, the landlord is entitled to re-enter only if the lease contains an
express forfeiture clause.74 This can be said to benefit the tenants in the case of unwritten
leases or leases silent as to the right of re-entry in the cases of covenants. Additionally, the
Shiloh ruling bears much import at this juncture, allowing tenants to seek remedy.
However, this may be seen as necessary to protect the rights of tenants from the whims of
the landlord in instances of minor breaches.

2.0 CONCLUSION
The laws as it pertains to landlord and tenant, favours tenants to a minor degree, but nevertheless
remains balanced. For example, the existence of the Rent Restriction Act limits the landlord’s
discretion to regulate his rent freely, however, this regulation merely protects unreasonable
increase in rents. However, rent regulation may be seen to benefit the landlord in an indirect way,
minimising turnover and allowing for consistent returns.75 The equitable ability to apply to the
courts for relief against forfeiture may also be argued to unduly benefit the tenant, however, this
rule, while allowing a broad scope, tends to be applied with enough restrictiveness to allow some
degree of certainty and fairness on the part of landlords. As such, while this balance may be skewed
slightly in favour of tenants, the overall result is a system that has developed from a system that
grossly favours landlords to one that treats both parties equitably.

71
S. 10 (2) of the Landlord and Tenant Act, Cap 61:01 (Guyana).
72
Barrow v Isaacs [1891] 1 QB 417. Although the court may grant relief against forfeiture; and in the case of a
qualified covenant containing a proviso that the landlord will not unreasonably refuse consent, a tenant to whom
consent has been refused may nevertheless go ahead with the assignment or subletting and, if it is later found that
the landlord’s refusal was unreasonable, the tenant will not be in breach of covenant; if, on the other hand, the
landlord’s refusal is found to be reasonable, there will be a breach of covenant and landlord can claim for damages
and to forfeiture.
73
At common law, unless exempted by the terms of the lease, a landlord who intends to assert his right of re-entry is
required before doing so to make a ‘formal demand’ for the rent due. A formal demand is made by the landlord, or
his agent, demanding on the demised premises the exact sum due between sunrise and sunset on the day when it is
payable.
74
G. Kodilinye, Commonwealth Caribbean Property Law, (3rd Edition), Pg 37.
75
Marietta Haffner, Marja Elsinga & Joris Hoekstra (2008) Rent Regulation, International Journal of Housing
Policy; Routledge Taylor & Francis Group.

10
 III. BIBLIOGRAPHY

Haffner M, Elsinga M & Hoekstra J (2008) Rent Regulation, International Journal of Housing
Policy; Routledge Taylor & Francis Group.
Kodilinye G, Commonwealth Caribbean Property Law (3rd edn, Cavendish Publishers 2000)
Ramsahoye F, The Development of Land Law in British Guiana; Oceana Publication Inc 1966
Report of Commission on Civil and Criminal Justice in the West Indies and South America
(1828) H.S.M.O
The Bible. Authorized King James Version, Oxford UP 1998.
Owusu S, Commonwealth Caribbean Land Law (Routledge-Cavendish 2006)

11