Common Law of Landlord and Tenant Part I and Part II Essay

Common Law of Landlord and Tenant phonation I and Part II - Essay ExampleThe general expressed terms include provisions, such as the tenant will give up possession to the landlord when the lease expires, the landlord is entitled to re-entry in font a tenant does not give rental fee and the tenant has to renovate and ensure the space in good condition. The common law terms apply in case such express terms and statutory restrains are absent. In case an issue arises between the two parties, the court in general looks at the leasing commensurateness express terms. It is usually up to the common law to fill the gaps about the corroborative provisions of a completed lease outside the legislative requirements, which govern the two parties. The Landlord has to include responsibilities in spite of appearance a leasing agreement and the terms are implied the property satisfies the business efficacy test (Liverpool City Council v Irwin 1977) Question 2 David has a license. The resident ial Tenancies Act WA (1987) protects anyone who has a residential tenancy agreement and David would have had tenancy if he had not agreed to the written agreement of license to occupy from Gerald. ... The main variation between a tenant and a licensee lies in the fact that a tenant is only when entitled to reside in a premise whereas the licensee lacks. For instance, in the present case, David does not have goop rights to occupy the premises. Gerald has the right to move Davids business, he does not even have to give notice, and he can even evict him with a short period notice. Tenants have the rights as stipulated by the Residential Tenancies Act and from the Act tenants have greater legal rights than licensees. Question 3 Harold holds a tenancy of the unit. A tenancy is an implied or express (verbal or written) agreement, in which an individual (a property owner) grants to another personal for all important(predicate) consideration (for instance rent) the occupation right, wh ether absolutely or not or any part of the residential premises, or any residential premises, for the intention of residence. Ivan has granted Harold the right to occupy his property for a worth(predicate) consideration a license fee of ?100 a month. The Residential Tenancies Act section 6 on landlord duties in condition of premises allow Ivan to enter the unit to maintain the premises in the lead its occupied by Harold. Nonetheless, the fact that Ivans employees enter the unit at any clip to maintain equipment interferes with Harold enjoyment of the premises. The Residential Tenancies Act clearly states that a tenant has a right to cool satisfaction of the property without the landlords or another person working for the landlord obstruction. The landlord should not cause any obstruction with the practical privacy or peace of the tenant while the tenant is using the premises. Ivan is vatic to give