In this case the courts consider the caveat emptor rule, which is a common law rule meaning ‘let the buyer beware’. In the absence of any express agreement betweent the parties, neither party is responsible for the condition of the property, or repairs. Under this principle, the onus is on the person entering into a tenancy to satisfy himself of the condition of the property to which the tenancy relates.
A landlord rented out furnished premises to Sir Thomas Marrable. Lady Marrable subsequently found the premises to be infested with bugs and Sir Thomas gave notice to the landlord that he was giving up the tenancy. The landlord argued that Sir Thomas had no right to give up this tenancy because it had been agreed for a minimum term of 5 weeks and only five days had elapsed.
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