Business Law: Rights and Remedies of Landlords and Tenants

Running head: BUSINESS LAW
Business Law
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1BUSINESS LAW
1. As observed from the facts of the case, a condominium was rented out and complaints
were received related to the tenants. In this situation, the issue is whether the landlord can
exercise his rights in case of any damage caused. As per Section 23 of the Residential
Tenancies Act, 2004 the entry of landlords has been described. There were ways by which a
property owner was capable to enter into a property that had been leased out. Firstly, the
landlord can issue a notice within 24 hours to the tenant by mentioning the time and the
reason for the entry. Secondly, there must be true consent, which is free from any kind of
defects including fear or undue influence (James & Saville-Smith, 2016). However, if the free
consent has been given by the landlord, the tenant can enter the premises. When there is
damage, section 30(1) of the act allows the landlord to make an application to the Court for
diminishing the tenancy. Thus, it can be stated that the landlord should serve the notice to the
tenant and make an inspection in the condominium. The landlord will therefore, have the
right to enter the premises along with the statutory requirements.
2. The issue of this situation is related to the rights and the remedies of the tenant. In winter, a
house was rented and the amenities thereafter began to malfunction. Maintenance was
required in the common areas and the broken window. The neighbors had therefore received
the complaints (Bennett, 2016). However, despite making innumerable requests, the landlord
did not make any kind of repairs and had threatened and warned for evicting the tenant of the
maintenance is not done. The Residential Tenancies Act, 2004 states that the obligations of
landlords makes sure that the premises must meet the standards of the Housing regulation. If
the landlord breaches the agreement of the tenancy of this act then the tenant can apply to the
Court according to section 37(1)(a) for the compensation (Clarke, 2017). However, if the
landlord fails to make the repairs then the tenant will have the right to apply for the damages
in Court.