Section 279 — Property Law Act 2007: Construction and variation, etc, of implied covenants

279 Construction and variation, etc, of implied covenants (1) A covenant implied, by this Act or any other enactment, in an instrument or in a short-term lease not made in writing has the same force and effect, and may be enforced in the same way, as if it had been expressed in that instrument or short-term lease. (2) However, the covenant may be negatived, varied, or extended— (a) by the express terms of the instrument; or (b) by a written memorandum executed, as the instrument was required to be executed, by the parties to the instrument; or (c) if implied in a short-term lease not made in writing, by the express or implied agreement of the parties. Compare: 1952 No 51 s 68