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"Evaluate how far the provisions of the Landlord and Tenants (Covenants) Act 1995 can be said to benefit tenants to the detriment of landlords"
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In this case the landlord couldn’t insist his legal right to charge a full rent strictly due to the war situation and its negative effect on occupancy in his flats.
In United Kingdom, several landlord and tenants acts have been enacted to provide right direction and legal instrument for solving the problems related to landlord and tenant matters1. The need for reforming landlord and tenant act was also felt in countries like Ireland and accordingly law reform commission was established in the year 1975 (The law reform commission, 2003). In July 2001, this law reform commission established landlord and tenant project aiming at reforming the landlord and tenant law.
landlord and tenant acts. For example, landlord and tenant acts were introduced in 1709, 1730, 1851, 1927, 1954, 1985, 1987 and 1988. The objective of all these acts is to ensure the genuine interests of both the landlords and tenants according to the agreement made between them. However, the specific aim of these acts is to reduce the exploitation of tenants by landlords.
Over a period of time, the necessity for reforming the laws related to landlord and tenants is felt and accordingly the Landlord and Tenant (Covenants) Act 1995 was enacted. The contribution of Landlord and Tenant (Covenants) Act 1995 is highly significant in reducing the problems faced by the tenants from the landlords (Office of Public Service Information, 1995). With the inclusion of several provisions under the Landlord and Tenant (Covenants) Act 1995, the government of United Kingdom ensured the interests and rights of the tenants and it legally protects their rights in sharing the lease of the property and landlords cannot force them to vacate whenever they wish to do so. The critical analysis of the provisions of the said act is essential so that the benefits accrued upon by the tenants can be assessed. Let us discuss one by one.
The Landlord and Tenant (Covenants)
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In this case, the consent of the tenant cannot be unreasonably withheld. One of the shop is used by a hairdresser who wish to assign the lease to another hairdresser in the town. Shelagh (the other hairdresser) is considered a better covenant than existing tenant since she has a more profitable business than the current tenant.
Other high street clothing industry players are in the same predicament, so this result does not alarm stakeholders. Regardless, the company still has several internal issues that it must solve in order to turn around those numbers. The extension of employee voice could be the answer as will be highlighted below.
In all sectors, the important aspects to the tenant are the security of tenure and affordable rents. For the retailer it may be essential to the success of his business as security protects the goodwill built up over the years, whereas for the home-dweller it provides shelter and protects him from the psychological trauma, disruption and economic consequences of having to move.
Incidentally security of tenure was first recognised for farmers when Agriculture Act 1947 was passed facilitating licences given to farmers on lands to be converted into tenancies from year to year. In spite of passing of Part II of Landlord and Tenant act 1954, landlords continued to issue licences to commercial premises to circumvent the security of tenure obligation.
At the time the lease agreement was made, that is in 1994, the industrial park was a thriving and much sought after location for light commercial and retail use. However, presently, the park has many vacant units and many of the let ones are only used for storage.
Based upon the discussions above, one aspect that becomes very clear is that tenants must take pains to clearly specify how and by which party repairs are to be carried out within the original agreement itself.
Tenants are also showing preferences for break clauses in between or at periodic intervals during the lease terms. Break options are usually granted by landlords conditioned upon the compliance of certain requirements like payment of fines and other acts related to the
A lease signed between a tenant, and a landlord is a legal document with terms and conditions which are applicable to both the property owner and the one who is leasing the property. The lease that one enters depends on factors such as the premises itself and what the
Before a landlord and a tenant decide to renew or terminate a corporate tenancy, a section 40 notice is issued to the other party with the intention of gathering information regarding the lease. The collected information can help the individual to evaluate the condition and renew or end the contract (Bright 2007).
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