Property Law

PROPERTY LAW 1
Property Law
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PROPERTY LAW 2
Property Law
Introduction
The scenarios are aimed at defining the rights and obligations of the landlord and tenant
based on the facts.
Answer to Question 1
In the case scenarios mentioned below, the legal principles are based on property laws of
Canada. The common law of England and Wales also apply in the case scenarios since Canada is
under common law jurisdiction. It is imperative that besides the enactments and legislations of
Canada, the precedents set by courts as per common law jurisdiction are also applicable.
Case 1
Answer to Question 2
As per the facts of the given scenario, the property is a residential tenancy. Such kinds of
properties are leases in standard forms. A copy of the same must be provided to the tenant. As a
result, it is imperative that the tenancy agreement must exclusively mention that David and his
spouse Ana have to pay rent which amounts to three thousand six hundred dollars per month
(Bridge, Gullifer, Low & McMeel, 2017, p.89). Such an aspect would enable Melissa to initiate
action against David and his spouse Ana on grounds of non-payment of rent. Such an action may
involve the notice to David and Ana to disburse the rent of eleven months on an immediate basis
along with any interest falling which may result in vacating the premises at the earliest. David is
under an obligation to pay the rent in a timely manner. This implies he has to pay the outstanding
amount of eleven months on an immediate basis.

PROPERTY LAW 3
Answer to Question 3
In order to expect the favorable outcomes, the common law principles of England and
Wales apply as far as the scenario is concerned since it is a real property.
Rules
Additionally, since the territorial jurisdiction is Canada, the legislations of the respective
Canadian Province would apply.
Case 2
Answer to Question 4
As it is a residential tenancy taking account of the scenario provided, Mr. Bob can retain
the deposit if he has to maintain the property in the desired manner for carrying out the cleaning
work as far as his obligations are concerned. Mr. Justin was under an obligation to take care of
the property during his tenancy. However, Mr. Bob must be able to mitigate the loss if Mr. Justin
proves that the carpet was not replaced when Mr. Justin informed Mr. Bob about it (Whitman,
Burkhart, Freyermuth & Rule, 2019, p.78). The mitigation can also take place for houseplants if
Mr. Justin has earlier informed Mr. Bob about their condition. The mitigation would involve the
rights exercised by Mr. Justin.
Answer to Question 5
If the losses are proved to have been occurred as a result of the negligence of Mr. Justin,
then Mr. Bob is not entitled to retain 1324.21 dollars of the deposit money. He is entitled to
retain one thousand one hundred and thirty five dollars since as per the facts of the scenario, the