The common practice in the past is to lease commercial premises for as long as 20 to 25 years but a study in 2005 showed that tenants, in general, are disinclined to commit themselves to such long terms causing a shift in the general preference for shorter periods of 10 to 15…
In the most recent landlord and tenant code, the Code for Leasing Business Premises in England and Wales 2007, break clauses are supposed to be only conditioned on prompt rentals, surrender of occupancy and leave behind no existing subleases whilst other conditionalities referring to the general state of the leased premises should only be dealt with later in the same way they are dealt with in ordinary expiration of normal leases. This is a welcome development in the issue of break clauses because case law is replete of instances when conditionalities have become sources of highly contentious conflicts that posed difficulties in the determination of tenants’ rights to make use of break clauses previously agreed upon between them and their respective landlords.
One very outlandish case where failure to totally comply with conditionality to the last letter resulted in the tenant losing his right to exercise a break clause is the case of Osborne Assets Ltd v Britannia Life Ltd . In this case, the tenant, Britannia Life Ltd, wanted to exercise its right to a break clause which was written into the contract of lease and where such contract conditioned the option on total compliance with, among others, painting the leased premises with three coats of paint. Britannia was able to comply but with only two coats of paint prompting the court to declare it in breach of the condition and the forfeiture of its right to exercise the break option. Fortunately, subsequent case law saw courts applying a more judicious and practical method of determining compliance with conditionalities by stressing on the word ‘material.’ Some earlier cases also followed the similar approach of strictly requiring tenants their absolute compliance with conditionalities in break options to the extent that even trivial breaches can cause their forfeiture. The cases of Trane (UK) Ltd v Provident Mutual Life Assurance  EGCS 21, Bairstow ...
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(Landlord and Tenant Essay Example | Topics and Well Written Essays - 3000 Words)
“Landlord and Tenant Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.net/miscellaneous/399700-landlord-and-tenant.
Amos should fix the duration of the lease term with certainty; it is not adequate to set the duration by reference to a future event. The common law and statutory covenants apply in case various matters arise. The guidance is found in the stated terms in the agreement, statute, and the common law when attempting to solve a problem amid the two parties.
The current economic situation has caused many landlords to be liable to pay damages for delayed consent of subletting and assignment of properties (Tye 2011, pp. 1), and as such, the subject needs to be analyzed at length. The case of Ursula the tenant, William the landlord and Ernie the assignee forms a basis for which the obligations of either party are examined.
P. 12). The Act provides a procedure for ending the tenancy between the landlord, and the tenant provided the tenancy has not been ended by an accord between the two parties. The Act specifies circumstances that may require the landlord to grant compensation to the tenant upon termination of the agreement in accordance to the act.
The paper is concerned mainly with collective control over housing consumption and management, but this should not be taken to imply any collectivist, consumptionist or managerial bias in the treatment f housing empowerment. It should also be noted from the outset that it may not be possible to draw any precise distinction between a process which gives people more control over their housing and one which gives them more control over their residential environment (encompassing roads, schools, shops, parks, leisure centres, and so on, and including the regulation f behaviour within that environment).
At the time the lease agreement was made, that is in 1994, the industrial park was a thriving and much sought after location for light commercial and retail use. However, presently, the park has many vacant units and many of the let ones are only used for storage.
Based upon the discussions above, one aspect that becomes very clear is that tenants must take pains to clearly specify how and by which party repairs are to be carried out within the original agreement itself.
In the present case, Mr. Samson is the landlord while Ms. Richard is the tenant. The dwelling unit is the upper floor flat at 25 High Street. Each of these has rights and obligations towards the dwelling unit. The rights and obligations are usually stated in a written
The United States of America’s Uniform Residential Land and Tenant Act specifies the relationship of a tenant and landlord in the agreement which has been drafted for the usage of residential property. It
Before a landlord and a tenant decide to renew or terminate a corporate tenancy, a section 40 notice is issued to the other party with the intention of gathering information regarding the lease. The collected information can help the individual to evaluate the condition and renew or end the contract (Bright 2007).
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