The Possible Rights and Obligations of Tenant and Landlord
1) 1.0 Detail the possible rights and obligations of both Tenant and
Landlord.
Use examples and case law. Be as comprehensive as possible as to the
possible options.
Relationships between landlords and tenants are governed by several
statutes and court rulings. However, the most important source of
information is the rental agreement, whether it is written or oral.
Some landlords prefer oral agreements; however it’s most common for
them to require your signature on a written lease.
When a rented property is leased from a landlord for residential use,
the arrangement is called a ‘residential lease’. Where as if a
business leases a rented property, the agreement for the arrangement
is called a commercial lease.
Reference 1
There are many similarities between the two types of leases, however
many differences too. The law often regulates the relationship between
a tenant and a landlord under a residential lease. These laws are
designed to provide basic requirements for the condition of the rental
property, and to protect tenants from dishonest landlords. On the
contrary, commercial leases are viewed as being contracts between
knowledgeable business people, whom therefore should be able to
negotiate the terms of the lease to their respective satisfaction.
They are able to contract anything they wish, resulted from ‘freedom
contract’, as long as its legal and the courts treat it as reasonable
if challenged. Subsequently, there is very little governmental
protection, unlike in residential arrangements.
An obligation is a promise to perform in a particular way ...
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...erence 12: Garner pg 54
Reference 13: Business Tenancies: new procedures under the Landlord
and Tenant Act 1952 Brochure
Reference 14: Business Leases and security of Tenure
Brochure pg 33
Reference 15: Business Tenancies: new procedures under the Landlord
and Tenant Act 1952 Brochure Pg 25
4.0 Sources
* www.ocba.sa.gov.au/tenancies/landlords/07_rights.html
* www./real-estate-law.freeadvice.com/landlord_tenant/residential_
lease_commercial.htm
* www.lawyers-bc.com/comleas/comintro.htm
* Tenant Protection Act, 1997
* Business Tenancies: new procedures under the Landlord and Tenant
Act 1952 Brochure.
* Business Leases and security of Tenure Brochure
* Landlord and Tenant, Simon Garner & Alexandra Frith, Third Edition
* Copy of lease (Appendix 1)
A freehold covenant is a promise or an obligation made by a land owner to another regarding the use of the land. It is a type of contract within the doctrine of privity and usually the rights and obligations it creates normally bind those that are contracted to it and no one else. A covenant is usually made by deed. A “restrictive covenant” to which the doctrine of (Tulk v Moxhay)1 applies does not need to be created by a deed; it can include “a mere agreement and no covenant”. They are used to preserve some rights of enjoyment or to keep a building or a particular group of buildings to be preserved and kept in a particular way, for example, no erected satellite dishes or fences around the front of the building.
Building Code of Australia Volume 1 Class 2 to 9 2010 Section E ,J,F and PART A3.2, Australian Building Codes Board, Canberra ACT 2601.
1. What are the three distinct classes of homes in the tenement houses? In what ways does each reflect the needs and resources of the renters?
Although the recent tech boom in San Francisco has been blamed for the increased housing demand and the lack of affordable rental housing in the City, the reality is that the shortage of affordable rental housing been steadily climbing for the last 35 years. Rent control is oftenat the center of the controversy regarding the affordable housing shortage. In response to high inflation, and escalating rents, San Francisco’s Residential Rent Stabilization and Arbitration Ordinance was passed in 1979 (Forbes, Sheridan, 1999). Rent control imposes restrictions on landlords in regards to rent increases and evictions. It is estimated that seventy percent of San Francisco’s rental units are under rent control (Marti, Shortt, 2013). Because of the limited rent increases allowed, tenants living in these rent controlled apartments seldom move out, which severely impacts the vacancy rates in the City. Although the vacancy rate among rent-controlled units is extremely low, there are occasions when a tenant may vacate a rent control unit (a job out of the area, the decision to purchase a home, etc.). When a rent-controlled unit is voluntarily vacated, the landlord is allowed to raise the rent to market rates (this is called vacancy de-control); then the rent control annual increase takes effect on the new rent. A landlord will often raise the new rent to the highest possible price the market will allow, in an attempt to recoup the financial loss he is incurring on the units still under rent control. Because of the new higher rent, the previously affordable unit is no longer considered affordable; which then impacts the inventory of affordable housing in San Francisco.
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
Barney, a recently retired Deputy Sheriff in North Carolina, is plagued by a week of disastrous discoveries, in some ways likened to the tribulations of Job as recorded in the Biblical account. Not only is Barney’s ‘prime real estate in the North Carolina mountains’ being claimed by a former co-worker citing adverse possession rights, but he discovers that his beach-front home is being claimed by the city under eminent domain to make room for a Nickelodeon Family Resort. Furthermore, Barney’s truck is stolen by a former employee of a fine dining restaurant posing as a valet, only to be discovered at a classic car show a few weeks later. The current owner of the vehicle refuses to return it to Barney until he is reimbursed $5,600, the value of a car he traded to obtain the truck. As Barney’s attorney, and longtime friend, I have the responsibility of advising Barney of his legal position and subsequent rights, while also offering personal support as a Christian friend.
Rent control is a government regulated price ceiling that imposes restrictions on the amount landlords can charge tenants for rent, or by the amount the rent can be raised each year (Miller, R., Abbott, B., Fefferman, S., Kessler, R., & Sulyma, T. 2012). Rent control was introduced to prevent landlords from gouging tenants and to ensure that every individual has access to affordable housing. This raises concern of how effective rent control is at promoting equity within its society. In this paper the consequences of imposing rent control in Toronto, Ontario in contrast to Edmonton, Alberta, where rent control does not exist, will be explored.
Although rent control is a controversial topic and many economists have argued with its inefficient outcome, many cities in the United States such as New York City and San Francisco still hold this kind of law or ordinances in their systems. Why these big cities do not want to abolish rent control and is that rent control really does harms more than goods? Focus on rent control in San Francisco, and compared to New York City, this essay tried to find the changes and the revises of rent control.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
Both the common law and the statutory law have recognized the weaker position of consumers. It is well established an exclusion clause will be valid and enforceable only if it is incorporated in the contract, use clear wordings and does not contravene statutory limits. In order to limit the unfairness resulting from exclusion clauses, the courts have developed certain principles such as the doctrine of non est factum in signature cases, ‘red ink-red hand’ principle in relation to ‘onerous or unusual’ terms, contra proferentem rule when interpreting ambiguous exclusion clauses and ‘fundamental breach’ principle.
Finding a roommate in college was a lot more difficult than expected. Knowing someone and creating a strong foundation of friendship is completely different than living with someone. I assume people know about room etiquette such as when you close the door behind you, I’d assume you think that would be an indication for privacy or a non-verbal gesture of privacy and boundaries but for my roommates I guess this miscommunication does not compute in his mind. I did not think this would come to an interpersonal conflict between myself and my roommate.
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
Many economists argue that market solutions are more efficient than government agencies in providing services even when it comes to “merit goods”. In the discussion of housing problem, I would disagree with the economist’s view. Housing is a very complicate issue that I believe it will work the best by the cooperation of market and government agencies. The Canadian government has worked for many years on the housing issue, but does not seem to have any adequate solutions to solve the problem. The housing market, unlike other industry, has a dominant feature of inelastic short-run supply. This characteristic of the housing market has made a great obstacle in coping with the problem. In fact, we may look at other countries’ experiences and learn how to deal with the problem effectively. Canadian government’s housing policy is based on the idea that everyone is entitled to decent and affordable housing. Housing is a necessity and everyone needs a place to live. It is for this reason that government set its goal to ensure everyone is living in housing of adequate quality at a price they can afford. However, the government has turned into wrong definition of decency and affordability. Firstly, decency is subjective according to different cultures. I think that the Canadian government is setting a very high value on living environment, and such a high standard may cause more difficulties in solving the problem. Secondly, Canadian government has continuously reduced its standard in defining affordability. It was consider affordable if housing cost no more than 20% of your income.
Communicating with people from other countries often makes me bother, and it happens when I am totally not expected about. This is not the first visit to the other country, but talking non-native language in non-native country is quite different from the long time study in my country. Especially, when we face some special occasion, like renting a room, it is very hard to negotiate with people. Renting a room is not a thing I am familiar with even in Japan. One day on July, one rumor among Japanese students became true, that not all of us can have a room in dormitory even if one send request in this April. My friend received a mail from UNR, which said that he could not have a room next semester. My friend and I were just shocked and on that day we started looking for a room.