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AREA ANNUAL SEMINAR

AREA ANNUAL SEMINAR. ASPECTS OF THE RELATIONSHIP OF LANDLORD AND TENANT By Bridgid A nnisette -George Attorney-at-Law. LEGISLATION. Landlord and Tenant Ordinance Summary Ejectment Ordinance Petty Civil Court Act Rent Restriction Act Rent Restriction (Dwelling Houses) Act

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AREA ANNUAL SEMINAR

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  1. AREA ANNUAL SEMINAR

    ASPECTS OF THE RELATIONSHIP OF LANDLORD AND TENANT By BridgidAnnisette-George Attorney-at-Law
  2. LEGISLATION Landlord and Tenant Ordinance Summary Ejectment Ordinance Petty Civil Court Act Rent Restriction Act Rent Restriction (Dwelling Houses) Act Conveyancing & Law of Property Act BMAG
  3. A Lease “An instrument/document creating an interest in land for a fixed period of certain duration usually in consideration of the payment of rent.” BMAG
  4. Creation of the relationship Contract : written or oral Statute: Tenancy by Transmission Statutory tenant BMAG
  5. Nature of the relationship Defined exclusive possession term less than L’s legal relationship BMAG
  6. Essentials of the relationship Identification of L and T Identification of the property Commencement and duration Rent BMAG
  7. Nature of Rent A payment which a tenant is bound by contract to make to his Landlord for the use of the property It must be certain Rent Review Clauses: escalation clauses/rent review clauses Service Charges deductions
  8. Rights and duties under lease/tenancy Lease is silent except for essential terms Lease contains the usual covenants Lease contains the usual covenants and other matters Impact of statutory provisions BMAG
  9. Landlord’s obligationsno express provision Quiet enjoyment Not to derogate from grant No undertaking of fitness for purpose BMAG
  10. Tenant’s obligationsno express provisions Payment of rent: time mode Not to commit acts of waste To keep in repair To deliver up in repair Re-entry for non payment of rent BMAG
  11. Usual covenants Rent Repairs, fitness, and alteration Quiet enjoyment Insure User Renewal Against assignment/underletting BMAG
  12. Termination Effluxion of time Notice to Quit Forfeiture Surrender Merger Disclaimer BMAG
  13. Recovery of possessionCourt proceedings Summary ejectment: $6000.00 per year Petty Civil Court: $15000.00 per year High Court BMAG
  14. Re-entry FORFEITURE SELF HELP Sec 70 Chap 56:01 BMAG
  15. Forfeiture for non-payment of rent Formal demand-strict rules Express exemption from formal demand provision “whether formally demanded or not” Tenant’s right to stay proceedings Tenants claim to relief BMAG
  16. Forfeiture for other covenants Service of notice- statutory form Terms of notice Mode of service Time for compliance Relief BMAG
  17. DISTRESS Right of Landlord to distrain for arrears of rent upon all goods found on the premises Employment of licensed bailiff BMAG
  18. Rent Restriction Rent Restriction Act Chap 59:50 (1980 Rev) no longer in force Rent Restriction Dwelling Houses Act Chap 59:55 (2007 Rev) BMAG
  19. RENT RESTRICTION DWELLING HOUSES ACT Applicability Registration by L & T Nature of protection Increases in Rent: Authorised Rent Dilemma BMAG
  20. bibliography Halsbury’s Laws of England Vol 27 3rd Ed The Rent Acts by R.E. Megarry The Law of Real Property by Megarry and Wade The Law of Landlord and Tenant by Hill and Redman BMAG
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