Residential Tenancies.

Running Head: Residential Tenancies 1
Property Law Assignment: Residential Tenancies
Student’s Name
Institutional Affiliation

Residential Tenancies 2
Case 1
Q.2
The legal issue arising from this matter is that one of breach of residential tenancy
agreement from the 11-month non-payment of rent by David. This issue is of a substantial breach
as the rent was not paid when due against the tenant covenant stated under Section 21 (a) of the
Residential Tenancies Act (RTA). Melissa has the right to evict David by sending him a clear
notice of eviction (within 14 days) for the nonpayment of rent (Boiron, & Boiron, 2009). David
has engaged in an act amounting to substantial breach that allows Mellissa to seek the
intervention of the court to termination of the tenancy by the provisions of Section 29(1) of the
RTA. Section 34.1 of RTA allows Mellissa to take an act of getting a Distress for Rent via a civil
enforcement agency in order to recover her apartment from David and his spouse (RTA
Handbook, u.d). Melissa can also involve the RTDRS via an Order of
Possession (RTDRS, 2019).
Q.3
The expected outcome is seen under Part 3 of the RTA stating the remedies available to
landlords. Under the provisions of Section 26 (1) (a), Mellissa is most likely to recover her rent
back ($39,600). David is most likely to be evicted and Mellissa will eventually get her apartment
back.
Case 2
Q.4

Residential Tenancies 3
The legal principle here is a ‘security deposit’. According to Gray (2010) this is the
amount of money that the landlord keeps and is to be applied against any damage that might
result from the tenant’s act during the tenancy period like the damage to the carpet beyond
normal wear and tear (Yates, Bereznicki-Korol, & Clarke, 2013). The money also is applied to
other obligations of the tenant to the landlord which for this case is taking care of the two
houseplants. For this case, Mr. Bob has the right to retain the carpet cost and the cost from the
failure to keep the agreement of looking after two houseplants. Mr. Justin has the right to
receiving the balance: Section 46 (2) (c) of the RTA.
Q.5
Mr. Justin is definitely not liable to receive the full amount the security deposit as there is
evidence of costs suffered from his tenancy. The amount entitled to Mr., Bob, however, is $1135
covering the two costs suffered. Mr. Justin is obligated to receive the balance of $189.21 within
30 days. Section 46 (2) (c) of the RTA.
Case 3
Q.6
The legal issue is who should be liable when there is a fire resulting in premises under a
tenancy agreement. This is the principle of negligence by the tenant as in the case of Alberta Ltd.
v. Phoenix Marble Ltd. (2008). Without a doubt, the tenant is solely responsible for the fire as
per the expert evidence by the fire brigade (not taking precaution against combustible material
near the heater). Still, there is nothing the landlord could have done. There has been no mention
of insurance and we presume the property was not insured against fire. From the decision of the