Land Law - Advises to Hild - Essay Example

Land Law Table of Contents Introduction 3 Case Scenario A 3 Case Scenario B 5 Case Scenario C 7 Conclusion 10 References 11 Introduction According tothe provided case scenario, which is based on land law, Hild owns certain portion of residential accommodation. In this residential accommodation, she allows other individuals to occupy certain portion of it in return for payment. In this regard, the leasing of accommodation is made in the form of license arrangements. It can be apparently observed that Hild drafts the agreements on the basis of which the payments are received in the form of license fees and not as rent. In this respect, the essay emphasises providing valuable advices to Hild in relation to different cases wherein various individuals residing in her accommodation considered themselves as tenants and e refused to pay rents among others. Case Scenario A Overview of the Case In relation to the case scenario, Hild has provided an unoccupied flat to Albert who is the son of an old school friend. She provided the flat to Albert as Albert was not having any place of accommodation after the broke up of his marriage. There was no written agreement regarding the accommodation provided to Albert by Hild. Additionally, Hild accepted no payments from him but occasionally she used to accept the payments in relation to bills of Council Tax. It can be viewed that Albert has been residing in the flat of Hild for a prolonged period of one year and now he claims that he is a tenant of the flat and shows no sign of moving on. Advices to Hild According to the case scenario depicted above, it can be apparently observed that there was no agreement made between Hild and Albert in relation to the flat that has been provided to Albert by Hild for accommodation. Conceptually, tenancy agreement provides adequate information regarding the rules along with the conditions in relation to any property rented. Additionally, tenancy agreement provides important information including deposit, rent, renewing as well as termination of tenancy, discrimination, homelessness and services1. It can be affirmed in this regard that with the absence of written agreement amid Albert and Hild, the obligatory rights offered to the parties are not affected as both the parties are observed to be protected under statutory law of tenant rights. Due to the absence of written agreement, Albert might consider himself as a tenant of the flat possessing certain rights like illegal eviction, claiming housing benefits and appropriate notice to quit in accordance with tenant rights. However, owing to the lack of written agreement, Albert will not be facilitated with the opportunity of residing in the flat for a fixed period of tenancy, rather considering as periodic tenancy2. Contextually, by taking into concern the absence of written agreement and Albert claiming to be a tenant, the option of eviction is left with Hild. Hild can evict Albert in accordance with Section 8 of the Housing Act 1988. In this respect, Hild might evict Albert in a legitimate manner and accordingly, Albert will be offered with a notice on the basis of special form varying from 2 weeks to 2 months in order to repossess the flat3;4. Additionally, Hild might also act legally under section 21 of the Housing Act 1988 in order to obtain the possession of the flat provided to Albert. In this context, a legal notice in writing for a period of 2 months require to be offered to Albert in order to repossess the flat legitimately5. Thus, it can be comprehended that Albert residing in the flat for a period of one year can consider himself as tenant and might also be provided with all tenant rights. In this context, Hild can take legal actions against Albert in order to repossess the flat in accordance with Section 8 and Section 21 of the Housing Act 1988. Case Scenario B Overview of the Case With regard to the case provided, it can be viewed that Hild facilitated Dominic to reside in another of her flat on the basis of ‘License Agreement’. According to the agreement, Hild possess the right of placing another licensee in the other bedroom of the flat where Dominic is residing. During the two years of Dominic’s stay, Hild did not done so, rather provided cleaning services as per the agreement with the assistance of the cleaning company belonging to her niece Skuld. Moreover, it can be identified that the actual license fee period was primarily based on weekly terms rather than fortnightly in relation to the cleaning services that provided by Hild to Dominic. Subsequently, Dominic claimed to be a tenant rather than a licensee. Advices to Hild As per the case scenario portrayed above, it can be affirmed that the flat has been provided to Dominic in accordance with license agreement, which implies that Dominic is not provided with adequate rights in relation to ‘security of tenure’. In this regard, licence agreement provides the owners with the legal provisions of evicting tenant in a quick manner at times of breaching the conditions as well as the terms mentioned in the agreement. A license document is a written document, which is suitable for providing residential accommodation services to other individuals on a temporary basis6. There are certain rights along with responsibilities offered to tenants under license agreement that include lodging services, compensation for housing improvement services, repair, complain and mutual exchange7. In this regard, it can be comprehended that Dominic residing in the flat of Hild on the basis of license agreement is provided with the tenant’s rights along with responsibilities. In this regard, the license agreement among Hild and Dominic does not specify that Dominic will claim to be a tenant in any instance. Furthermore, the principles of license agreement imply that the tenants are offered with residential accommodation services in the property of the landlord without facilitating any ‘security of tenure’ as provided in other types of tenancy agreement. In this similar context, an occupier offered with residential accommodation services might be provided with a notice of eviction. Additionally, tenants offered to reside on weekly basis will not be facilitated with a fixed period of availing residential accommodation services8. Thus, it can be affirmed that Dominic residing in the flat of Hild under license agreement might be evicted from the flat legally after providing a legal notice. Additionally, Dominic used to pay license fee on a weekly basis, which signifies that Hild has the legal right to evict Dominic from availing the residential accommodation facilities. The license agreement also implies that in cases, where an occupier of a residential accommodation, under written agreement, is liable for paying rent might be considered as a tenant9. From the case, it can be recognised that on the basis of the terms relating to license agreement, Hild has reserved her right to appoint another tenant in the other bedroom of the flat offered to Dominic. Subsequently, Dominic might not be liable to be considered as tenant in this case. Thus, Hild might possess the right to evict Dominic from offering the residential accommodation facility in accordance with the principles of the license agreement as identified in the case of [Aslan v Murphy and Duke V Wynn (1989)]10. Case Scenario C Overview of the Case From this case scenario, it can be viewed that Hild has offered a plot of land to Southwark Council on lease. The land has been offered on lease five years ago for the purpose of extending the Town Hall. In accordance with the principles of tenancy agreement, rent will be paid until the land is used for Town Hall extension. In this respect, the Council paid Hild the requisite rent on a monthly basis but at present denied to pay the rent arrears stating that the deed was ineffective in creating adequate obligations on the part of the Council to pay the rent. Advices to Hild According to the case scenario, it can be comprehended that there lays an agreement deed between Hild and Southwark Council stating that the land will be offered on lease in exchange of requisite rent till the land is used for the purpose of extending the Town Hall. In this regard, there are certain rights along with responsibilities that ought to be taken into concern with the aim of ensuring that both the parties involved under the agreement are offered with equal opportunities. The land law ensures that the rights along with interests of land purchasers and sellers are transferred in accordance with equality in complete legitimacy. Commonly, land and real properties are dealt in a legal manner through contractual deeds or contracts, which in turn binds all the involved parties in proportion with regard to the damages suffered. In this regard, the rent charged is required to be paid to the contractors based upon the terms along with the conditions of the agreement11. In this regard, the ‘Law of Property Act 1925’, which is practiced in England and Wales, ensures to protect the rights of the involved parties in both equitable and legal manner. The aforesaid law signifies that the individuals accepting the agreement are required to ensure that the entire rent is paid as per the conditions till the completion of the deed as per Part IX of the Act12. In this context, according to land law and the tenancy agreement, Hild would be provided with the rent, which had been agreed in the agreement in accordance with which the Council is liable to pay the rent until the land is used for the extension of Town Hall. Thus, Hild possess legal rights to obtain the arrears of rent from Southwark Council. Additionally, it can be affirmed that the agreement amid the parties is quite effective in developing obligations on the part of the Southwark Council to pay the arrears of rent to Hild. Conclusion From the above discussion, it can be apparently observed that land law ensures delivering equal rights along with responsibilities to the parties involved in the agreement. The law ensures that rights as well as the interests of the parties are secured in relation to property rented or leased. The referred case in this regard presents an illustrative overview to the application along with the implication of the land and property leased or rented. The provided case also assists in identifying the differences that exist between tenancy and license agreement. Accordingly, in relation to the case, it can be affirmed that Hild with the aspect of license agreement relating to residential accommodation facilities, possess a legal right to evict tenants based upon the notice provided to them to quit in short time span without much legal complexities. References BAILII, ‘England and Wales Court of Appeal (Civil Division) Decisions’ [1989] (Uploads) < http://www.bailii.org/ew/cases/EWCA/Civ/1989/2.html> accessed 25 January 2014. Crown, ‘Private Rent and Tenancies’ [2013] (Uploads) < http://www.nidirect.gov.uk/private-rent-and-tenancies> accessed 25 January 2014. Crown, ‘Gaining Possession of a Privately Rented Property Let on an Assured Shorthold Tenancy’ [2012] (Uploads) < https://www.gov.uk/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy> accessed 25 January 2014. Crown, ‘Law of Property Act 1925’ [1925] (Uploads) accessed 25 January 2014. Dixon Martin, Modern Land Law. (Routledge, 2010). Gibbins Megan and Chris Taylor, Passing the Life in the UK Test. (Sage, 2009). Net Lawman Limited, ‘Different Types of Tenancy: Which Agreement Should You Use?’ [2014] (Uploads) < http://www.netlawman.co.uk/ia/tenancy-agreement-best> accessed 25 January 2014. Northern Ireland Housing Executive, ‘Your rights as a Tenant’ [2014] (Uploads) < http://www.nihe.gov.uk/index/advice/renting_privately/advice_tenants/tenants_rights.htm> accessed 25 January 2014. Orbit Group, ‘Your Tenancy Rights and Responsibilities’ [2014] (Uploads) < http://www.orbitheartofengland.org.uk/main.cfm?type=YRTENRI> accessed 25 January 2014. Property Investment Project, ‘Tenants Without a Written Contract - Verbal Tenancy Agreement’ [2014] (Uploads) < http://www.propertyinvestmentproject.co.uk/blog/tenants-without-a-written-contract/> accessed 25 January 2014. Wealden, ‘Tenancies offered by the Council’ [2013] (Uploads) < http://www.wealden.gov.uk/wealden/housing/housing_options_advice_and_homelessness/housing_advice_and_assistance/housing_different_types_of_tenancy_explained.aspx> accessed 25 January 2014. Read More