• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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.

Extracts from this document...

Introduction

LANDLAW AND LANDLORD AND TENANT LAW COURSEWORK 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 in the future. ...read more.

Middle

Thus the rent is consequently higher to compensate all the repairs the landlord is liable for. Tenancies which include only Internal Repairs and Insurance (IRI) leave the landlord only responsible for the exterior of the building and the tenant with the responsibility for repair in the internal part of the premises. Nevertheless, it's the landlord who usually draws up the agreement and so it's not unusual that the responsibilities lean more towards the tenant's side. The length of the lease usually impacts on whom the responsibility of the repairs lye with. As a general rule, the shorter the lease, the more likely the landlord will accept responsibility. However, with longer leases, tenants are usually willing to take the liability, as they benefit directly with the premises in good condition in the long run. A further implied covenant for a landlord, not to derogate from grant, is with regards to easements. The landlord must not do anything which prevents the tenant from exercising their right, e.g. if they have a right of light, the landlord may not do anything to prevent the light the tenant is entitled too, by building something which consequently blocks it. Additional obligations the landlord may have are to give proper receipts for any moneys received from the tenant; keep proper records of rent received relating to the tenancy; provide and maintain locks to ensure the premises are secure; as well as to provide a copy of the lease agreement; Like landlords, tenants too have express covenants which are agreed by the landlord and fixed in the tenancy agreement. ...read more.

Conclusion

This is especially accommodating if the landlord refuses to obligate the tenant a grant of another tenancy when the first one expires, in the agreed tenancy. Unless the tenant fails to pay rent or breaches some conditions of the tenancy, the landlord is only able to bring the tenancy to an end, by giving the tenant notice. The tenant may neither end his tenancy before the agreed expiry date, unless he has been in occupation as a tenant for at least a month, and gives notice to quit in accordance with the terms of his tenancy. When the notice of termination has been received, the tenant has the right to apply to the court for a new tenancy and the court must grant one, unless the landlord can show that he is entitled to possession of the property on one or more of a limited number of grounds. These include if the tenant was persistent in delaying paying the rent when it became due; that on the termination of the current tenancy the landlord intends to demolish or reconstruct the building; that on termination of the current tenancy the landlord intends to occupy the holding for the purpose of a business to be carried out by himself, or as his residence. Reference 14 If a tenant does commit themselves with a lease without the security of tenure, significant legal rights cannot apply. For example, the tenant has no right to stay in the premises when the lease terminates; unless another lease is offered by the landlord, you have to leave; and you will be unable to claim compensation for the loss of your business premises, unless the agreement expressly states otherwise. Reference 15 Word Count: 2,661 3. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    Judgment was given for the plaintiffs. * The revocation must be communicated either direct by the offeror or through the reliable and reasonable third party. Dickinson v Dodds (1876) Dodds offered to sell his house to Dickinson, the offer being open until 9am Friday.

  2. Four ways in which a contract may be discharged.

    a fee of �5 per day was payable for every day the transparencies were kept in excess of 14 days. The defendants returned the transparencies after one month and were sent an invoice for �3,783.50. They refused to pay. The clause must be communicated before or at the time the contract is made.

  1. Contract Law

    that death, it is still possible for the offeree to accept the offer, thus binding the offeror's estate. If the offeree has been notified of the death he/she cannot except the offer (Coulthart v Clementson (1879)) nor can a representative of the offerors estate accept the offer on their behalf thus the offer lapses (Reynolds v Atherton (1921)).

  2. Restrictive Covenants

    These three criteria are not yes/no questions and therefore courts will examine the practical effects of a covenant as much as its form. The method to determine the reasonableness of a covenant is to examine; the spatial area the restriction covers, the duration for which it applies and the nature of the restriction imposed.

  1. Free essay

    Outline how consumers are protected in contracts for the sale of goods, identifying relevant ...

    which would get to Bob before the letter - which is not the case. If for instance, Jamal had made a telephone call and explained his decision before Bob had received the letter through the post, the situation would have been different.

  2. What is the importance of implied terms to the contract of employment

    The Court of Appeal, for example, in Lane v Shire Roofing Co (Oxford) Ltd51 emphasised that where the issue involved was safety at work the tribunal should lean towards finding that the individual was an employee. This judicial direction shows the judicial implication of a higher duty of care from

  1. Invitation To Treat

    Again, you must be mentally competent to do so. You must also follow the provisions of the Wills Act. If you try to change your existing will by writing on it, the changes will likely not Ask your lawyer to send you a reminder to have your will reviewed every three to five years.

  2. Aspects of the law affecting construction projects.

    The landowner employed Evans to dig a trench which resulted in the cable being damaged. It was held that Evans was not liable as they were not aware of the cable and were not to blame for allowing it to be damaged by the excavator.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work