Bow Valley College - MGMT1601 Property Law Assignment: Tenancy Rights

This assignment delves into various aspects of property law, specifically focusing on the Residential Tenancies Act in Alberta, Canada. It addresses three key issues: the rights of a landlord when a property is damaged, the rights and remedies available to a tenant when a leased property doesn't meet habitable standards, and the tenant's rights when a landlord fails to provide possession of the leased property. Each issue is analyzed based on the relevant sections of the Residential Tenancies Act, providing a conclusion on the rights and recourses available to both landlords and tenants in the given scenarios. The document offers insights into the legal obligations and remedies within residential tenancies, making it a valuable resource for students studying property law. Desklib provides access to a wide range of similar assignments and study resources.

Running head: BUSINESS LAW ASSIGNMENT
BUSINESS LAW ASSIGNMENT
Name of the Student
Name of the University
Author Note

1BUSINESS LAW ASSIGNMENT
Question 1
Issue
The issue here is the determination of the rights of a landlord in the scenario given and
any recourse that is available to the landlord in case the condo is damaged.
Rule
Residential tenancies within the jurisdiction of Alberta, Canada are governed and
regulated by the Residential Tenancies Act, 2004. As per the provisions of Section 23 of the
Residential Tenancies Act, 2004 the landlord has a right to entry of the property leased out by
him. The right to entry can be exercised through two methods these are:
 24 hour notice;
 Through mutual consent, with a mutually agreed upon time.
The landlord also has the right to enter the property if he has reason to believe that the
property has been abandoned and/or in case of an emergency.
The act also prescribes various obligations on part of the tenant which must be observed.
As per Section 21 of the act the tenant must ensure that the property is not damaged by any
individual (Penner & Smith, 2013). Section 30 (1) of the act provides that in case of such
damage the landlord would have the right to file an application before and give the tenant a
termination notice that comes into effect in 24 hours (Smith, 2014).

2BUSINESS LAW ASSIGNMENT
Application
In the given set of facts circumstances we see that the landlord can provide a 24 hour
notice for inspection or obtain the tenant’s consent and agree upon a time for inspection. In case
the landlord finds any damage the landlord would have the right to apply to court under Section
30 (1) and subsequently terminate the tenancy with 24 hour notice.
Conclusion
The landlord would have a right of entry as prescribed by the act and in case of damage
the landlord would have the remedy prescribed under Section 30 (1) of the act.
Question 2
Issue
The issue to be determined here are the rights available to a tenant in such a situation and
remedies that would be available to such a tenant.
Rule
A property that is leased out must meet minimum habitable standards. This is provided
for in the Residential Tenancies Act, 2004 at Section 16. The section provides that these
minimum standards are defined in various legislations such as- Minimum housing and Health
standards, Alberta’s Public health Act and Housing regulation (Lambert, 2017). As per section
16 of the act any property leased must meet the requirements prescribed in the act. In case these
requirements are not met the tenant has the right to remedies prescribed under Section 37 (1) (a)
and (c).

3BUSINESS LAW ASSIGNMENT
Application
In this case the tenant would be entitled to proceed legally against the landlord as he is in
breach of his covenants under Section 16. If the student is compelled to continue shovelling then
he would be able to recover costs for the same under the remedies provided through Section 37
(1) (a) and (c).
Conclusion
The tenant would have right to get the repairs executed and would have remedies for non-
maintenance.
Question 3
Issue
The issue here is to determine of the rights of the tenant and any recourse available to the parties.
Rule
Section 16 (a) of the act provides that the landlord would make the leased property
available for occupation at the beginning of the tenancy (Bridge, 2015). Section 38 of the act
further provides for remedies in case the landlord could foresee such a breach of obligations
under Section 16 (a) (Buckwold, 2017).
Application
Under the given set of circumstances the landlord would be compelled to deliver
possession as per his covenants under Section 16 (a). In case the landlord fails to do so the
remedies provided under Section 38 would apply.

4BUSINESS LAW ASSIGNMENT
Conclusion
The tenant would have the right to obtain possession. Furthermore, in case he does not
obtain the same he can apply for remedies under Section 38 of the Act.

5BUSINESS LAW ASSIGNMENT
Reference list
Bridge, M. (2015). Personal property law. OUP Oxford.
Buckwold, T. M. (2017). The Reform of Judgment Enforcement Law in Canada: An Overview
and Comparison of Models for Reform. Sask. L. Rev., 80, 71.
Lambert, N. (2017). The Constitutional Aspect of Canadian Contract Law. In The Constitutional
Dimension of Contract Law (pp. 269-288). Springer, Cham.
Penner, J., & Smith, H. (Eds.). (2013). Philosophical Foundations of Property Law. OUP
Oxford.
Residential Tenancies Act, 2004.
Smith, H. E. (2014). The Persistence of System in Property Law. U. Pa. L. Rev., 163, 2055.