Commercial Practices Assignment
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Added on 2019-12-18
Commercial Practices Assignment
Added on 2019-12-18
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COMMERCIALPRACTICE
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1Question 1:.......................................................................................................................................1(A): Procedures that Fred can adopt to put an end to the protected tenancies............................1(B): Rights of tenants against Fred..............................................................................................4(C): Advices to Fred in reference to unit 6 to redevelopment the property and occupy forhimself.........................................................................................................................................4Question 2: ......................................................................................................................................6Difference between Unit 2 Milbanke Court, Milbanke Way, Bracknell and Grantley House,Park Lane, Cranford, Middlesex leases.......................................................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................8
INTRODUCTIONThe activities which are directly linked with the promotion, sale or supply of any productor services to customers are known as commercial practices. Like other businesses, tenancy alsohave several laws and regulations which are required to be followed throughout the functioning(Rydin, 2013). Present report revolves around two different case studies associated with a personengaged in industrial estate business, Fred. There are various legal rights for both the tenant andthe owner. By making use of these laws, the actions that can be taken by them are explained inthis study. The aim of this project is to assist Fred by legal obligations to prevent the renewal ofthe tenancies. Contrarily, there are also some rights of the tenants which are also discussed in thepresented undertaking so that the owner of the estate can select appropriate strategies to end boththe protected occupancy.Question 1:(A): Procedures that Fred can adopt to put an end to the protected tenancies.Fred, the owner of the estate business from last 20 years. All the units of the industry aresubject to seven-year FRI tenancies which are not excluded from the Landlord and Tenant Act,1954. It has been observed that both the units on which the report revolves around, are havingtheir due date of tenancy expiration on 29 April 2018. Fred is not willing to continue businesswith them and thus, no renewal is desired to be done. Hence, the methods, laws and legal actionare suggested for the same.Below present a brief description of both the cases along with the procedures that Fred isrequired to adopt to put an end to these tenancies.Unit 2:This case revolves around Barking Mad who runs a dog-grooming business. It has beenobserved that the tenant has not paid the rent from last three months. Also, the customers hasrecorded that some of the ceiling tiles are missing. In addition to this, when Fred wished toaccess the property Barking Mad denied him. In this case, Fred has various legal right which can be used by him against Barking Mad.Firstly, the tenant has not paid the negotiated rent from last three months. According to the heLandlord and Tenant Act, 1954 and the Housing Act, 1988 the possession of Fred is valid andnegotiated lease charges are necessarily required to be paid by the tenant (Janda, 2014). Hence,1
this issue is favourable for the owner to end the tenancy. For the further details, the below casestudy can be accessed which is based on relevant issue: [Edwards v Ddin(1976) 63 Cr App R 218Case summary ][Ddin(1976) 63 Cr App R 218Case summary ]In addition to this, it has been recorded by some customer that some of the ceiling tileswere missing in the premises. Thus, as per the Tenancy deposit protection schemes, 2007 Fred iseligible to forfeit the deposited sum. Further, the disrepairs were kept inaccessible for the ownerwhich is completely wrong according to the Landlord and Tenant laws (Dixon, Britnell andWatson, 2014). Further information can be accessed through relevant case study, which is asfollows:[Roper v Knott[1898] 1 QB 868Case summary]All these elements are favourable for the owner to end the tenancy. In this case, theprocedure that Fred should follow is as follows:Fred should complain in the courts and make use of the leasing obligations against theBarking Mad.He should forfeit the deposited sum under the Tenancy deposit protection scheme, 2007as there were disrepairs in the property.With the help of the mutual agreement, a lease may be endedAs present tenancy is excluded one, thus Fred is liable to give only "reasonable notice" toquit. The written agreements can be shared either via registered post, electroniccommunication or in-hand.The notice is required to contain the details: Address to the tenant, Reason of termination(property damage and rent not paid), attested by the responsible signatory, date for thetenant to leave (Janda and et. al., 2016)However, the damage to the property is there, thus immediate notice period is also validin this clause.Thus, Fred can use this procedure to end the tenancy with the Barking Mad.2
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