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Common Law of Landlord and Tenant Part I and Part II - Essay Example

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Common Law of Landlord and Tenant Part I and Part II Name Professor Course State and City Date PART I Question 1 Under Australia common law, a lease that is in perpetuity like in the present case is void because Amos has not fixed the duration of the lease with certainty…
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Common Law of Landlord and Tenant Part I and Part II
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Download file to see previous pages The general expressed terms include provisions, such as the tenant will give up possession to the landlord when the lease expires, the landlord is entitled to re-entry in case a tenant does not give rental fee and the tenant has to renovate and ensure the property in good condition. The common law terms apply in case such express terms and statutory restrains are absent. In case an issue arises between the two parties, the court generally looks at the leasing agreement express terms. It is usually up to the common law to fill the gaps about the indirect provisions of a completed lease outside the legislative requirements, which govern the two parties. The Landlord has to include responsibilities within a leasing agreement and the terms are implied the property satisfies the business efficacy test (Liverpool City Council v Irwin 1977) Question 2 David has a license. The Residential Tenancies Act WA (1987) protects anyone who has a residential tenancy agreement and David would have had tenancy if he had not agreed to the written agreement of “license to occupy” from Gerald. ...
The main variation between a tenant and a licensee lies in the fact that a tenant is exclusively entitled to reside in a premise whereas the licensee lacks. For instance, in the present case, David does not have exclusive rights to occupy the premises. Gerald has the right to move David’s business, he does not even have to give notice, and he can even evict him with a short period notice. Tenants have the rights as stipulated by the Residential Tenancies Act and from the Act tenants have greater legal rights than licensees. Question 3 Harold holds a tenancy of the unit. A tenancy is an implied or express (verbal or written) agreement, in which an individual (a property owner) grants to another personal for important consideration (for instance rent) the occupation right, whether absolutely or not or any part of the residential premises, or any residential premises, for the intention of residence. Ivan has granted Harold the right to occupy his property for a valuable consideration –a license fee of ?100 a month. The Residential Tenancies Act section 6 on landlord duties in condition of premises allow Ivan to enter the unit to maintain the premises before it’s occupied by Harold. Nonetheless, the fact that Ivan’s employees enter the unit at any time to maintain equipment interferes with Harold enjoyment of the premises. The Residential Tenancies Act clearly states that a tenant has a right to undisturbed satisfaction of the property without the landlord’s or another person working for the landlord obstruction. The landlord should not cause any obstruction with the practical privacy or peace of the tenant while the tenant is using the premises. Ivan is supposed to give ...Download file to see next pages Read More
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