(a) That's incorrect. The duties of a landlord and tenant are determined by reference to various sources. Firstly, some rights and duties arise from the lease agreement itself. For instance, a lease will typically state the duration of the lease, how much rent a tenant is required to pay, and how frequently. Secondly, in the case of particular kinds of lease, such as a residential or retail lease, legislation also provides a number of rights and obligations for lessors and lessees. Thirdly, rights and duties may also be implied into a lease by the common law. The legislative and common law rules exist to fill any gaps in the agreed terms of leases, and to establish minimum requirements which parties to a lease cannot contract out of If a lessor or lessee fails to fulfil their obligations, this will be actionable as a breach of contract. It may also lead to a loss of property rights.