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

Response to Stimulus Test, The law and society, renting and buying a dwelling.

Extracts from this document...


Ben Walker Mrs. Reynolds. Year 12 Legal Studies, Response to Stimulus Test, The law and society, renting and buying a dwelling. Dear Daniel, I have been recently notified of your problems with your rental house and offer my legal knowledge to assist you further. Firstly the rent of $150 seems reasonable, yet asking for a bond of $900 dollars is not. The residential tenancies act, on which most of my advice will be based, states that the bond arranged at the start of the lease term can only be four times your weekly rent. The bond you should have been asked to pay should have been in the amount of $600 dollars. The property owner in this case has broken part of the act and mediation over this should be called upon and if this is not successful, you can file a case with the small claims tribunal and maybe claim a small part of your bond back. A receipt should have been given to you by the Property owner for your payment of the bond, and you should also receive a receipt for any rental payments you make. ...read more.


If no action was taken, you can ask for mediation, which will often help. At $20 it is much cheaper than going to the Small Claims Tribunal, but if the mediation doesn't help, the SCT may be your only option. You stated that during a party, the property was damaged. This included the rip in the couch getting bigger and a smashed window. Unfortunately for you, fixing these problems is not a responsibility of the Property Owner. Considering your guests did the damage, and it is your name listed in the lease, it is your responsibility to fix the window. Seeing that you had listed the couch as originally having a rip, you could ask the property owner to assist in some of the repairs for this item. The storm the following day damaged a rug owned by you and existing carpets, due to the leak in the roof. You originally informed the Property owner of this problem so legally it is the property owner's responsibility to fix the leak and to also pay you compensation to account for the repair cost of the rug and damaged carpets. ...read more.


The Property owner, though has no right to tell you to immediately move. The process is much more complicated. First the Owner must give you a notice to remedy breach, which in this case is the window. If you as the tenant do not fix this problem within fourteen days, the property owner can give you a notice to leave. The notice to leave will state a handover day, which is the day on which you must leave the property. If your refuse once again to leave, the Property owner will go to the Small claims tribunal within two weeks of turnover day, to try to gain a termination order. A police person will then claim the property within three days, if the termination order is obtained. The fact that the property owner blames you for the carpets cannot be proven, as that damage was a fault of her own. Hopefully the information given is sufficient to help you through your current situation. Yours sincerely, Ben Walker Walker.B ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Land Law 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 University Degree Land Law essays

  1. Free essay

    Landlord and Tenant Law

    contrary it would involve giving back to the landlord a wholly different thing from that which he demised".

  2. Tenancy case question. The problem faced by Linda is whether or not Terry, Tina ...

    case the services were eventually provided at a much later date and so amounted to a licence. Assuming that no services have taken place between Linda and the occupants, Linda only wanted to grant them a licence, by preventing exclusive possession, which would be the reason she inserted the clause.

  1. Land Law

    On purchasing a piece of land the purchaser should check that the vendor has "good title" and that there are no third party rights over the land. Before the 1925 Acts were enforced the number of legal estates that existed had soared, and there were many different ways people could hold an interest in another persons land.

  2. Property Law

    In D'Eyncourt v Gregory (1866)7 the court looked at the purpose of annexation and stated that the items had become an integral part of the garden and could not be removed by the sellers. In Whaley v Roehrich [1908]8 items had been fixed to the wall to form an Elizabethan

  1. Property Law - Problem Question

    In registered land the basic rule is that the owner of the prior estate has priority over the buyer of any subsequent estate in the land (s28 Land Registration Act 2002), but until electronic conveyancing changes the face of land law major exceptions still apply (s29 LRA 2002).

  2. Registration of land

    Hence, the LRA discourages the purchasers from being ignorant about the land they are purchasing. Furthermore, certain minor details or rights such as a one year lease are impractical to be entered into the register. All in all, the mirror principle isn't accurately followed but LRA 2002 has ensured it almost is.

  1. property law

    the purposes of the trust include making the land available for his occupation ........or (b) the land is held by the trustees so as to be so available"5 provided that the land is not "either unavailable or unsuitable for occupation by him"6.

  2. Land law problem question - access

    Lease thus becomes binding. Where legal formalities have not been met, an equitable lease may exist instead, provided formalities in equity have been met. The formalities of an equitable lease is agreement must amount to a valid contract in land in accordance with s2 LP(MP)A 1989[81] and that it is one capable of specific performance (Coatsworth v Johnson[82]).

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