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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.

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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.


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.


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.

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