CAYMAN ISLANDS Law and Practice Contributed by: Norman Klein and Adam Johnson, Appleby
Originally this was the subject of a long ground lease to facilitate development, but over time has been subdivided into several smaller leas- es that have been varied to extend their term upon payment of large premiums to the Cayman Islands government. 6.3 Regulation of Rents or Lease Terms All terms of leases are freely negotiable, although certain covenants by the landlord and by the tenant are implied by the Registered Land Act (2018 Revision), unless modified by the lease. Covenants implied on behalf of the landlord include the following: • that a tenant shall and may peaceably and quietly possess and enjoy the leased premis - es during the period of the lease without any lawful interruption from or by the landlord, or any person rightfully claiming through the landlord, so long as said tenant pays the rent and observes and performs the agreements and conditions contained or implied in the lease and to be observed and performed on their part; • not to use or permit to be used any adjoining or neighbouring land of which they are the proprietor or lessee in any way that would render the leased premises unfit or materially less fit for the purpose for which they were leased; • where only part of a building is leased, to keep the roof, main walls, main drains, com - mon passages and common installations in repair; • where any dwelling house, flat or room is leased furnished, that such house, flat or room is fit for habitation at the commence - ment of the tenancy; and • that if, at any time, the leased premises or any part thereof are destroyed or damaged by fire,
earthquake, hurricane, flood, civil commotion or accident not attributable to the negligence of the tenant, their servants or their licensees, so as to render the leased premises or any part thereof wholly or partially unfit for occu - pation or use, the rent or a just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the leased premises have again been rendered fit for occupation and use; if the leased premises have not been so rendered fit for occupation and use within six months of their destruc - tion or damage as aforesaid, the tenant may terminate the lease, at their option and upon giving one month’s written notice of their intention so to do. Covenants implied on behalf of the tenant include: • to pay the rent reserved by the lease at the times and in the manner specified therein; • to pay all rates, taxes and other outgoings that are at any time payable in respect of the leased premises during the continuance of the lease, unless they are payable exclusively by the landlord by virtue of any written law; • in the case of agricultural land, to farm said land in accordance with the rules of good husbandry and to yield up the land at the end of the term in good heart; • to keep all buildings comprised in the lease and all boundary marks in repair, except where only part of a building is leased, or where a dwelling house is leased furnished; • to keep the leased premises, except the roof, main walls, main drains, common passages and common installations, in repair where only part of a building is leased, or where a dwelling house is leased furnished;
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