STATUTORY CONDITIONS

The following statutory conditions apply:

The landlord shall keep the premises in a good state of repair and fit for habitation

during the tenancy and shall comply with any statutory enactment or law

respecting standards of health, safety or housing.

2 (a).

Where the landlord provides a service or facility to the tenant that is reasonably

related to the tenant's continued use and enjoyment of the premises such as, but not

as to restrict the generality of the foregoing, heat, water, electric power, gas,

appliances, garbage collection, sewers or elevators, the landlord shall not discontinue

providing that service.

2 (b)

A tenant shall conduct him/herself in such a manner as not to interfere with the

possession or occupancy of other tenants.

The tenant shall be responsible for the ordinary cleanliness of the interior of the

premises and for the repair of damage caused by wilful or negligent act of the tenant

or of any person whom the tenant permits on the premises.

The tenant may assign, sub-let or otherwise part with possession of the premises

subject to the consent of the landlord which consent will not arbitrarily or

unreasonably be withheld or charged for unless the landlord has actually incurred

expense in respect of the grant of consent.

If the tenant abandons the premises or terminates the tenancy otherwise than in the

manner permitted, the landlord shall mitigate any damages that may be caused by

the abandonment or termination to the extent that a party to a contract is required

by law to mitigate damages.

Except in the case of an emergency, the landlord shall not enter the premIses

without the consent of the tenant unless:

(a) notice of the termination of the tenancy has been given and the entry is at a

reasonable hour for the purposes of exhibiting the premises to prospective tenants

or purchasers;

or

(b) the entry is made during daylight hours and written notice of the time of the

entry has been given to the tenant at least twenty-four hours in advance of the

entry.

Except by mutual consent, the landlord or the tenant shall not during occupancy

by the tenant under the tenancy alter or cause to be altered the lock or locking

system on any door that gives entry to the premises.

~

18Where do these ideas appear in the text? Write the number of the section or

sub-section in which they can be found.

EXAMPLE: The landlord is not permitted to go into the flat unless the tenant

agrees. b

1 The tenant is not allowed to disturb other tenants in the building.

2 The landlord agrees that he will not stop providing the use of utilities such

as gas or electricity.

3 The landlord is obliged to take advantage of any reasonable opportunity to

reduce loss or damage if the tenant leaves unexpectedly.

4 The landlord is required to keep the flat in suitable condition.

5 The tenant agrees to repair anything broken by a person he has invited into

the flat.

6 The landlord promises that he will not have the lock of the front entrance

changed without the agreement of the tenant.

7 The tenant is permitted to rent the flat to someone else if the landlord gives

him permission to do so.

8 The landlord can enter the flat if the tenant is moving out, and the landlord

needs to show a new tenant around.

19Match these words and expressions (1-11) with their definitions (a-k).

1 statutory a agreement of both parties

2 premises b what has been stated before

3 habitation c when a tenant leases a leased property to a third party

4 the foregoing d giving one's permission to something

5 wilful or negligent act e something done knowingly or carelessly

6 sub-letting f minimising any loss due to breach

7 grant of consent g a piece of land, a building, or part of a building

8 abandonment h created or regulated by statutes

9 mitigate damages i the act of living in or occupying a place

10mutual consent j in a manner based on chance rather than being planned or

based on reason

11arbitrarily k leaving and no longer using a property

20Match these verbs (1-4) with their synonyms (a-d).

1 abandon

2 terminate

3 comply with

4 gra nt

a cause something to end or stop

b give or allow something

c leave a place, person, or thing

d act in accordance with an order, set of rules or request

Now match the same verbs (1-4) with the nouns in the box they collocate with

in the text.

I consent

law premises tenancy

Unit 10 Real property law

E

Reading 4: Case review

Legalpublicationswhich presentthe outcomeof disputesinvolvingcommercialproperty

leasesareof interestto lawyers,landlordsandtenants alike. Thedecisionsin suchcases

indicatehowcourtsin ajurisdiction tend to rule in real propertycases,and aretherefore

useful for partieswhen preparinga court case.Thefollowing accountof a casewas

publishedin a law firm newsletter.

21Readthe report and answer these questions.

1 Which business sector is involved in the case? Is the case in question

relevant for other sectors of business as well?

2 The concept of quiet enjoyment is central to the case. What does the term

mean? Is there a comparable concept in your own jurisdiction?

Quiet enjoyment

Date: 2015-12-11; view: 1117