Property law case of study Assignment Example | Topics and Well Written Essays - 2500 words

Property law case of study - Assignment Example It must be understood however that the ownership over the property or object is not conveyed to the tenant but merely the right of possession which is separate and distinct from ownership. The leasehold contract whether a written or oral agreement, gives rise to demandable rights such as but not limited to delivery of the property or object in good tenantable condition for the purpose it is intended, quiet (Jenkins v. Jackson) and peaceful possession and abatement of any disturbance or intrusion to the enjoyment (Kenny v. Preen) of the property or object and payment and review of rental. Thus, any material violation shall be construed as a breach of contract which ripens to a right to rescind the contract, demand specific performance or restitution by way of damages. In this jurisdiction, lease contracts may be written or oral agreements however it is more legally feasible and expedient to reduce the terms and conditions into writing as it is difficult to prove and substantiate oral agreements. This is appropriate for contracts affecting land, residential or commercial tenancy. It cannot be denied that some of the most contentious issues concerning tenancy relations are payment delays or worse, non-payment, negotiation whether to reduce or increase rental fees pursuant to an acceleration or deceleration clause, extent of repairs or maintenance liability, discriminatory conduct committed by the landlord, fixing of the period and renewal of lease. As a result thereof, it is imperative that the responsibilities and other stipulations binding to the landlord and tenant are specified and delineated in a contract to safeguard their respective rights and avoid any protracted or tedious litigation. Disputes shall nonetheless be resolved and dispensed with by the courts in accordance with the facts and evidence adduced as the arbiter on how the law should be interpreted and applied. II. Factual Antecedents Before any suit is lodged in the courts, it may be prudent for t he parties to discuss and resolve the matter amicably. It may be gleaned that it is in this context that Tomes Limited, a bookshop entity, has sought opinion whether its position against the claims of the landlord is justifiable and equitable. According to the landlord, Tomes is liable to repair and reinforce the structural damage to the joist caused by the weight of the books stacked on the bookshelves and to submit to a rent review. Tomes strongly disagrees and in support of its opposition asserts that the reinforcement work is not cosmetic in nature thus not within the purview of the repairing covenant. The structural engineer commissioned by the landlord even affirmed that the joists may not have been permanently damaged and for this, Tomes insists that any repair or reinforcement must be done for the sole account of the landlord. On the other hand, the rent review is no longer possible as the period has elapsed which should have been exercised on the fifth, tenth and fifteenth years of the twenty-five year contract which commenced on 1 April 1997. It is likewise stipulated that the break clause may be carried out by the tenant only on the sixteenth year by giving notice on the first six months of the fifteenth year of the term. Tomes likewise invoked the Landlord and Tenancy Act of 1954 to govern its leasehold