Legal Principles in Business Law Cases

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

1BUSINESS LAW
Question 1: Legal principle of the cases
It is the right of a landlord to receive the agreed rent when he rents out his property to
a tenant for a specified period of time (Schmid, Dinse & Wakabayashi, 2017). Similarly, it is
the right of a tenant to have a safe place to live in while he rents a property from a landlord.
The Tenancy Agreement should be clear as to the day on which the rent payment would be
due, the way the rent would be delivered to the landlord and the method of making the
payment (Schmid, Dinse & Wakabayashi, 2017).. In addition to these basic things, the
agreement should also specify the respective rights and liabilities of the tenant and landlord in
accordance to the Residential Tenancies Act ("Residential Tenancies Act, 2006", 2019).
Case 1
In this case Melissa being the landlord has the right to sue David for not paying the
rent for 11 months. Melissa would be liable to give a notice under Section 59 of the
Residential Tenancies Act 2006 to David stating the due amount. If David fails to pay the rent
even after serving the notice, Melissa would be liable to apply to the Board to evict David
and consequently collect the rent from him. On the other hand, Melissa may also apply to the
Board to collect the due amount from David but not to evict him ("Landlord and Tenant
Board | SJTO", 2019). David will be under the obligation to clear the due amount, by
paying it directly to Melissa or to the Board. He would be also obliged to vacate the premises
if ordered by Melissa or the Board. The expected result of this scenario maybe that the
notice served by Melissa may become void if David clears the entire due amount within 7
days as per Section 67 of the Residential Tenancies Act ("Residential Tenancies Act, 2006",
2019). Otherwise, on non payment, Melissa may sue David for the due amount as well as for
eviction by approaching the Board.