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Landlord and Tenant law - Essay Example

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He could also be the manager of the premises. Tenant on the other hand shall refer to any person who under a rental agreement occupies a building or a dwelling…
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Landlord and Tenant law
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"Landlord and Tenant law"

Download file to see previous pages The law protects and acts on behalf of both the landlord and the tenant.
Ms. Richard the tenant has occupied the dwelling unit for a number of months. Since she moved in, the flat has been constantly damp due to roof leakage every time it rains. This has brought severe cold on her. She has frequently complained to the landlord who has not taken any action. Consequently, she has terminated paying the rent to accumulate enough money to engage a builder do the repairs. It is worth to note that Mr. Samson gave her a tenancy agreement, which is for a fixed term of two years. In the agreement tenancy, there is no reference to any repairing obligation of the landlord. It also prohibits keeping of pets but Ms. Richards keeps an Alsatian dog in the flat. She has also been convicted of possessing cannabis on the premises. Mr. Samson intends to evict Ms. Richards from his premises soon.
According to section 109 (b) of the Landlord and Tenant Act, rent should be paid at the time and place agreed by the parties. The entire rent should be paid at the beginning of any term. One month’s rent should be paid at the beginning of each month of a longer term. Unless otherwise agreed, Mr Samson is justified to claim the rent arrears in a court of law and obtain possession of his house. He can evict Ms. Richard who has bleached the agreement under the Serious Rent Arrears ground and pursuant to section 21 of the Housing Act, 1998.
We can compare the above justification to a case in London where one Mr. O had extensive rent arrears in Mr. S’s dwelling unit. Though Mr. S had not given a written tenancy agreement to the tenant, he was finally able to obtain possession of his property under the ground of Serious Rent Arrears. Compared to Mr. S, Mr. Samson is in a better position to acquire possession of his premises as he had issued a tenancy agreement to Ms. Richard at the commencement of her tenancy. (See, Landlord law 2009-Examples of successful ...Download file to see next pagesRead More
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