quora
Nobody downloaded yet

Property law - Assignment Example

Comments (0) Cite this document
Summary
Issue – the landlord wants to evict the tenant so that he can bring in Volumes Limited. May he do so? The first issue that will be examined is the issue of whether the landlord may evict the tenant so that he can bring in a new tenant, Volumes Limited. At first blush, this does not seem possible, as the lease is for a fixed term of years, and the landlord may not simply evict…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95% of users find it useful
Property law
Read TextPreview

Extract of sample
"Property law"

Download file to see previous pages One of the interesting aspects about this problem is that the nature of obligation changed from one tenant to the next. The facts indicate that my client is the tenant of a Victorian Townhouse. The facts also indicate that my client is not the original tenant, and that the lease was assigned to my client three years ago. It may be inferred that perhaps the previous client, the one who actually made the original lease with the landlord, was a residential lessee, as the structure is a home, and the character of the lease changed when the original lessee assigned his or her lease to the current lessor, who is obviously a business lessee, as they are using the space for a bookstore. Therefore, two different parts of the Landlord Tenant Act might apply in this situation. The original lessee, if the original lessee was a residential lessee, would fall under the first part of this Act, and the current lessee, who is a business, would fall under the second part of the Act. This is because the first part of the Act is titled “Security of Tenure for Residential Tenants,” and the provisions in this part apply only to residential tenants. The second part of the Act is titled “Security of Tenure for Business, Professional and Other Tenants,” and it, of course, applies to commercial interests, such as the one in the fact pattern. Therefore, two different analysis will have to be performed – one analysis for the original tenant, and one for the current tenant, who is our client. The fact pattern indicates that, for the original lessee, the original lease was executed in 1997 and included a repair covenant, in which the original lessee was to perform the necessary repair work to keep the building in tenantable condition, and that this included decorations, wall-surfaces, window frames, glazing and casements. Moreover, in the original lease, there was provision for rent review in the 5th, 10th and 15th years of the lease and that the lease may terminate on the 16th year, by giving six months notice, provided that the lessee materially performed the duties that were required of that tenant under this lease. Therefore, the clause that the original lessee signed with the landlord will come under the Landlord Tenant Act 1954 § 8. This provision states that when a tenant and landlord agree that the tenant is to perform certain repairs on the structure, and these repairs are not made, then the landlord may charge the tenant the reasonable value of the repairs (Landlord Tenant Act 1954 § 8). This does not seem like an overly draconian solution to the problem, if it is determined that there needs to be repairs made and the tenant refuses to make the repairs - the landlord can simply make the necessary repairs himself, which in this case would include shoring up the cracks in the ceiling, and reinforcing the floor joists so that the excess load does not cause further cracks, and could then charge the lessee the necessary charges that the landlord would incur in getting this done. Yet there is a more draconian provision in the Landlord Tenant Act 1954 when it comes to lessees who refuse to perform the terms of the lease. In this case, the terms of the lease are that the lessee performs the repair work that ensures that the dwelling in tenantable, and, assuming that having cracks in the ceiling make the dwelling untenantable, then a refusal to deal with this issue might be cause for ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Property law Assignment Example | Topics and Well Written Essays - 2250 words”, n.d.)
Retrieved from https://studentshare.org/family-consumer-science/1409953-property-law
(Property Law Assignment Example | Topics and Well Written Essays - 2250 Words)
https://studentshare.org/family-consumer-science/1409953-property-law.
“Property Law Assignment Example | Topics and Well Written Essays - 2250 Words”, n.d. https://studentshare.org/family-consumer-science/1409953-property-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Property Law
The purpose of drafting a will is to distribute a person’s wealth upon that person’s death. In common law, a will only referred to the document that disposes of real property while a testament was the term that was used in the disposition of personal property.
5 Pages(1250 words)Essay
Property Law and Practice - Report on Legal Liability
In this regard, I wish to submit the following for your kind consideration. The Party Wall Act, etc. 1996 offers a structure for preventing and solving disagreements as regard to boundary walls, party walls and digging near adjacent buildings. The enactment of the Party Wall, etc.
9 Pages(2250 words)Assignment
Land law
They secured a mortgage of ?125,000 against it in which they made monthly repayments from their joint account. Ali got a prospective job, model scout and agent, that Ben did not fully approve of. This job needed financing and so Ali got Ben to sign another mortgage of ?
12 Pages(3000 words)Assignment
Property law case of study
The reciprocal rights and obligations demanded from the tenant on the other are not only contained in legislative enactments but find its roots and evolution from common law principles and jurisprudence as well. In leasehold agreements, the landlord transfers the juridical title to the property thus possession of the property or object subject of the leasehold is enjoyed by the tenant either by actual or physical occupation or exercise of dominion over the property or object.
10 Pages(2500 words)Assignment
Law --Problem solving
Since Australia is a common law country and as such individuals have the rights and obligations for property which are available in most of the common law countries. The situation described in the case study outlines the nature of the
4 Pages(1000 words)Assignment
Learning Team Reflection: Week 3 IRAC Brief
Under the law, real property covers both rental and residential property (Harpum, Megarry, & Wade, 2011). For property to be considered as real property, it must not be movable and must be attached to land. Minerals such
6 Pages(1500 words)Assignment
Intellectual property project ( Business and Commercial law )
As defined by (Groves, 1997), an intellectual property refers to anything that a particular person(s) has full rights to its ownership. The intellectual property laws have occasionally been
2 Pages(500 words)Assignment
Intellectual property
However, the injunction may be sound because the threshold conditions for granting an injunction are met in the case. Injunctions are effective in
12 Pages(3000 words)Assignment
Law of Tort
Surv was one of the largest surveyors in the residential market (Underhill 455). The association between them was that E. Surv was hired by GMAC to conduct mortgage valuations on all properties that were residential. In the claim presented, GMAC alleged that between the
5 Pages(1250 words)Assignment
Property Law
In some cases, the courts are willing to specifically enforce contracts relating to land is that damages so awarded may not be adequate where the unique assets are concerned. Thus, awarding a specific performance relief is and remains as a discretionary remedy.
4 Pages(1000 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Assignment on topic Property law for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us