landlord & tenant part i nature of relationship.ppt

8/19/2019 Landlord & Tenant Part I Nature of Relationship.ppt

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Nature of the relationshipEulalie N. Greenaway (Ms)

Course Director


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Relationship arises in circumstances where:

a person who has an estate/interest in

real property grants or is deemed to havegranted to another an estate/interestwhich is less than that which the grantorholds

a contract exists or is deemed to be inexistence, albeit a unique form of contract


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Estate/Interest created means that:

the relationship is one of tenure and socovenants which touch and concern the land

will bind the person who has granted thelimited interest(grantor/landlord) and person towhom the interest granted (grantee/tenant)

pament of !rent" is deemed to made in respectof land resulting in rights to grantor/landlordsuch as recover of possession, distress, inapplicable #urisdictions, where rent unpaid


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grantee/tenant is estopped from deningthe grantor"s/landlord"s title and theconverse is true

concurrent estates/interests can be held inthe same land, i$e$ landlord/tenant/sub%tenant

estate/interest ends on the expir of thecontract


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&his unique contract consists of thefundamental requirements of a contractsuch as:

capacit

o'er acceptance

intention to create legal relations

consideration and

sub#ect to an statute, rights and obligations willbe determined on the agreement of the parties,common law, equit and practice$


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The unique contract cont’d:

contract confers on the grantee/tenant an

estate/interest in land, whether this exists inlaw or equit


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*onfers the right to exclusive possessionof land that is either sub#ect to or can bemade subject to a denite term:

Isaac v otel de !aris "treet v #ountford

!rudential $ssurance v %ondon&esiduary 'ody

%ace v (handler


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&erm granted must be less than term heldb the lessor/landlord or sub%lessor:

%ewis v 'a)er


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+ central requirement is that there must be

alwas a letting or demise of land orinterest in land:

mine, farm, house, strata/condominium,

hole in the ground


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ow is the relationship created*

+xpress a,reement: document in writing % lease,deed, other written agreement or oral agreement

Implied a,reement :

ougadeen v Ramsamoo# (-..) - 0IR 1.2


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$ttornment :

Expressed or implied consent to rightsbeing transferred$ 3or example, a tenantma accept being the tenant of a newlandlord b continuing to occup the leased

premises after it has been sold


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ow is the relationship created *

"tatute: e$g$ Rent Restriction legislation

+stoppel:

4eredith v 5ra

E$6$ 7ewis 8ons 7td v 4orelli

4ac9le v utting6arrison v 0ells


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$cts of part performance :

(onsider the -alsh v %onsdaleprinciple


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$,reement for a lease: + binding agreement for a lease is

determined b ordinar rules of law ofcontract:

&ossiter v #iller

these rules require o'er acceptance:

(hew v &ichmond ai,obin v 0ias

arvey v !ratt


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"tatute of 1rauds 2344 5678 : oral lease treated as leases at will lease for three ears or less need not be in

writing if some act of part performance and

fair mar9et rent paid$

+quity developed an exception to thestatutor requirement of writing in favour of apart who can show su9cient acts of partperformance referable to the contractalle,ed


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+ssentials of an a,reement:

must be in writin,:

;urgess v *oxorth v 7oomes

all leases of unre,istered land must be b

deed (except in ;/dos)


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leases of re,istered land for 1 ears ormore (


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4ust contain the material terms of theagreement:

◦ the parties full described

◦ the consideration , i$e$ rent

◦ the propert = full description

◦ period/duration of the tenanc

◦ signed b the part in respect of whom it will beenforced therefore both parties (part to be

charged)Timmins v #ooreland "treet !roperties


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0octrine of !art !erformance: +n oral agreement for a lease ma still be

enforeceable >art see9ing to enforce agreement must

show:

(a) a binding agreement

(b) su9cient acts of part performance

(c) such acts must be indicative of theagreement consistent with its

terms


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-hat amounts to part performance* :;rough v ettleton

Rawlinson v +mes

8teadman v 8teadman4adison v +lderson

usual remed is to order speci?c

performance to give e'ect to theagreement or damages where speci?cperfomance is not available$


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"pecic !erformance : an equitable remed, granted at court"s

discretion

the part in breach is required to performhis part of the agreement

ta9es into account conduct of the parties,whether performance is possible, e'ect oforder = hardship, unreasonableness


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0ama,es: common law remedy > breach of

contract may extend to include equitable

dama,es


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(apacity of the parties: $bsolute owner oint tenant

Tenant?in?common $liens #inors #entally disabled persons

(orporations (rown/"tate


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+xclusive !ossession: &he right to control the land and to exclude

all other persons from it, including thelandlord$

&his is a signi?cant factor that de?nes therelationship

Issac v otel de !aris"treet v #ountford

"hell #ix %td v #anchester @ara,es %tdA


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+ll relevant factors must be consideredeven where exclusive possession granted:

0ou,adeen v &amsamooj B others

"ylvester v (yrus

#or,an v $@ 5!A(A8


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8ome considerations:-$ +re the terms of the agreement consistent

with usual lease arrangementsA

1$ 0hat is the nature of the relationshipbetween the partiesA

&omany v &omany. 1acchini v 'ryson

2$ 0hat is the consideration involvedA(amount/value)


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B$ 0hether the occupant had previousloccupied the premises or has been let intopossession on account of the transactionnow in issue

$ &he capacit of the grantor to grant atenanc


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0enite !eriod:

In most cases the period is clear andde?nite but in some circumstances this mabe the issue


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Tenancies for a xed term:7ace v *handler

6aigee v Eric9son

Roman v Roman4etcalf v Edghill

!eriodic Tenancies:

*entaplo 7td$ v 4atlodge 7tdRor Robinson v &exaco *aribbean Inc$


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landlord & tenant part i nature of relationship.ppt

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