The tenancy relationship is protected by a variety of means. Some regulation is provided by the common law, for example, by the implication of covenants such as the tenant’s obligation to use the premises in a tenant-like manner and the landlord’s covenant for quiet enjoyment. In addition, the contractual documentation, if any, supporting the tenancy will often substantially determine the respective rights and obligations of the parties.

Within the tenancy relationship, the way in which the property is managed will affect both parties to the relationship. For the tenant, property management will affect the manner in which the tenant is able to enjoy the property — whether as a home or as a business. Perhaps the most obvious aspect of property management is maintaining the condition of the property, but other things may be equally important to the tenant, particularly in a multi-occupied property. So, for example, the commercial success of a tenant of a retail unit in a shopping centre will be dependent upon good advertising of the centre, signposting, heating, cleaning, ensuring a good tenant mix, security and so on.

For the landlord good property management is important to maintain rental income and increase the capital value of the reversion, especially in the commercial sector. Not all aspects of property management are regulated by the tenancy relationship itself. So, for example, ensuring that there is a good mix of tenants in a shop ping centre is achieved primarily through matters external to the lease. The lease can set out what the tenant is allowed to use the property for, but the variety of tenants, the attractiveness of the tenants to the shopping public and the number of units occupied will be dependent upon the strength of the economy and property market at any time, and upon the allocation policy of the landlord.

The condition of rented premises necessarily has an impact on the repairing obligations of the parties. The question of what constitutes a repair and what is, on the other hand, an improvement, often seems to be another of those purely academic niceties, though it should be remembered that for the party under a repairing obligation it can represent a financial cost measured in tens of thousands of pounds. Improvements to a building can be necessitated by its initial condition. True improvements to a fit and well maintained building are different and raise different sorts of issues to those presented by problems to do with the condition of the premises and the scope of repairing covenants. Nevertheless, in practice, there is a large degree of overlap between the condition of the premises, the repairing obligations and improvements.

Back rent is dischargeable in both Chapter 7 and Chapter 13 bankruptcies. However, if you get very far behind on your rent, your landlord will likely file an action in court to evict you. If you file for bankruptcy before the court issues a judgment for possession (an eviction order), the automatic stay will prohibit your landlord from trying to evict you on the basis of your pre-filing rent default during your bankruptcy—unless the landlord files a motion to lift the stay. However, if you don’t stay current on your rent after you file, the landlord is free to seek your eviction on the basis of the post-filing rent default.  Find real estate lawyers and view real estate attorney videos.