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)
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.
apartments in certain areas of a city. The goal is usually to protect the rights
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.
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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.
The main problem rent control can create to landlords is the case of the tenant do not move out because of the good rental price. That causes the landlords to lose money by not being able to increase the rental price of their units. Besides, the price of maintenance continues to increase, causing landlords to not earn any profit with their ...
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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.
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]
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