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Introduction to Commercial Law PDF

   

Added on  2021-04-17

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Running head: COMMERCIAL LAWCommercial lawName of the StudentName of the UniversityAuthor Note
Introduction to Commercial Law PDF_1

1COMMERCIAL LAWTable of ContentsAnswer 1..........................................................................................................................................2Answer 2..........................................................................................................................................8References......................................................................................................................................13
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2COMMERCIAL LAWAnswer 1Issue The issue which has been identified in the given situation is that 1.Does the landlord has the right to obtain possession from Letzone Ltd andwhat are the steps he can take to do so and whether any compensation is required 2.Does the landlord has the right to obtain possession from Tara Group PLCLtd and what are the steps he can take to do so and whether any compensation is requiredRules The primary motive of part II of the securities of The Landlord and Tenant Act 1954(LTA) is to provide a non excluded business tenant with a security of tenure exceeding thecontractual date however not interfering with operating market forces. This was done in order toestablish a fair balance between the rights of the tenant and landlord. The tenant has the right to be provided with a new lease of the part of the holding whichis occupied by him for the business purpose at the open market rent. Under the situation wherethe said tenancy is within the scope of section 23 and 23 of the Act., the tenancy had not beencontracted out under the provisions of section 38 and 38A, all notice formalities and prescribedtime limits have been complied with by the tenancy under section 24 and 26 of the LTA, any ofthe statutory grounds which have been provided under section 30 have not been provided to beviolated by the landlord.
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3COMMERCIAL LAWUnder the provisions of section 29(1) of the LTA it is the right of the tenant to make aclaim in relation to the renewal of the lease and obtain such renewal in case of the determinationof the existing lease. However the right is subjected to a seven statutory grounds as provided insection 30 of the LTA. According to Section 30 of the LTA, there are a few grounds on which a landlord maynot accept the application of a tenant for the renewal of a lease. These grounds are as follows.Section 30(1)(a)- In situation where under the terms of the tenancy it is the obligation ofthe tenant in relation to the maintenance and repair of a holding the tenant would not be providedthe grant of a renewal of anew tenancy where the holding is in a poor state in relation to therepair which results out of failure on the part of the tenant to comply with his repair obligations. Section 30(1)(b)- The tenant should not be provided a new tenancy where it is clear thatthe tenant is persistently delaying the payment of rent which has long been due. The other ground as provided by section 30 includes that of other form of obligationbreach, uneconomic sub-letting, suitable alternatives for accommodations, reconstruction anddemolition and occupation requirement of the owner. It has been provided through section 31(1)of LTA that a grant of tenancy would not be provided by the court if any of the provisions undersection 30 have been triggered. It has been provided through the case of Cunliffe v. Goodman that where the landlorddoes not want to renew the lease or trigger the development clause in an existing lease must havea genuine, settled and firm intention of giving effect to the intention.
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