MGMT 1601 Business Law Assignment: Property Law Cases

This Business Law assignment analyzes several cases related to property law, focusing on the Residential Tenancies Act 2006. The assignment addresses key legal principles governing landlord-tenant relationships, including rights and obligations regarding rent payments, property maintenance, and security deposits. Case studies explore scenarios involving rent arrears, damage to property, and responsibilities for repairs. The document examines the liabilities of both landlords and tenants, providing insights into legal recourse and potential outcomes. The assignment covers topics such as the validity of notices, deductions from security deposits, and responsibilities for fire damage. It also addresses the obligations of landlords in maintaining essential services like electricity and air conditioning, and the tenant's rights to recover expenses for repairs. The document concludes with references to relevant legal resources.

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

1BUSINESS LAW
Table of Contents
Legal principles involved in the cases.......................................................................................2
Question 1..............................................................................................................................2
Case 1.........................................................................................................................................2
Question 2..............................................................................................................................2
Question 3..............................................................................................................................2
Case 2.........................................................................................................................................3
Question 4..............................................................................................................................3
Question 5..............................................................................................................................3
Case 3.........................................................................................................................................3
Question 6..............................................................................................................................3
Case 4.........................................................................................................................................4
Question 7..............................................................................................................................4
Question 8..............................................................................................................................4
References..................................................................................................................................5

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Legal principles involved in the cases
Question 1
Under the Residential Tenancies Act 2006, the landlord has a right to receive his rent
on time from the tenant who has rented the property of the landlord for a given time. The
tenant, on the other hand has the right to get a safe place to live in. There should be a legal
agreement between the parties, that is the landlord and the tenant which should specify their
rights and obligations clearly (Werner & Kratovil, 2002). The tenancy agreement should
clearly specify the amount of rent agreed between the parties, the day on which it needs to be
paid, how it is going to be delivered to the landlord and the specific payment method feasible
for both the parties (Werner & Kratovil, 2002).. They must discuss about their respective
responsibilities towards the rented property, along with the fact about the deposit amount that
the landlord takes from the tenant as a security deposit and retains during the tenancy period
of the tenant in accordance to the Residential Tenancies Act 2006.
Case 1
Question 2
Melissa has the right to sue David for he did not pay the rent for 11 months straight
which violates the provisions of Residential Tenancies Act 2006. Melissa could serve a notice
to David under Section 59 of the Act directing David to clear the due amount or she could
apply to the Landlord And Tenant Board to collect the due amount from David. Melissa also
has a choice to evict David after selecting the due amount from him ("Landlord and Tenant
Board | SJTO", 2019).

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Question 3
From the above scenario it can be expected that David would be liable to clear the
rent that was due for 11 months, to Melissa or to the Board on order. In addition David would
be liable to vacate the premises if directed by Melissa. However, the notice served by Melissa
would be void if David pays the due rent within 7 days from the date on which the notice was
served, according to Section 67 of the Residential Tenancies Act 2006.
Case 2
Question 4
Mr Bob (the landlord) would not be eligible to hold the entire amount of $1324.21
from the deposit amount of Mr Justin. Bob cannot deduct the entire some of the deposit
amount as he replaced the stained carpet from Justin's rented property and also cannot charge
Justin for not maintaining the house plants. Mr Justin can only be held responsible for not
maintaining the house plans if it was incorporated in his tenancy agreement with Mr Bob. On
the other hand, Mr Bob being the landlord can deduct some amount of money from Mr
Justin’s deposit amount for replacing the carpet which was signed by Justin, but not for the
dead plants unless mentioned in the agreement.
Question 5
Mr Justin cannot be held liable to pay $1324.21 for both the carpet and the dead
plants. The stained carpet, whose longevity was not more than 4 years, was already used for
2 years and therefore it could only be charge for half the price. Mr Bob, therefore, could only
deduct half the price of the new carpet which is $537 approximately from the deposit amount
and shall be liable to hold the balance amount as the deposit of Mr Justin.

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Case 3
Question 6
Sophia (the landlord) is responsible for the fire as stated by the fire brigade for it was
the heater cover provided by Sophia caught fire first. Therefore, for being responsible for the
cause of the fire, Sofia should pay damages for the losses sustained by the tenant due to the
fire. The tenant can claim compensation for his/her loss of personal goods as well as for
harassment from Sophia. The tenant can approach the Landlord And Tenant Board for
recovering the compensation amount from Sophia ("Landlord and Tenant Board | SJTO",
2019).
Case 4
Question 7
The landlords are to be held responsible for maintaining services like electricity air
conditioning and plumbing in his rented property. The tenant will only been able to maintain
these services if it is strictly directed by the Tenancy Agreement. In the absence of inclusion
of such clauses in the agreement, the landlord shall be responsible to repair the broken
window and the poor air conditioning system.
Question 8
Assuming that the tenant paid for d broken window and the air conditioning system,
he can recover the amount that he spent for the repair, as the landlord should be held
responsible for paying for the repair work. However in such cases, the tenant cannot deduct
the amount that he spent for repairing unless it is agreed by the landlord.

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References
Landlord and Tenant Board | SJTO. (2019). Retrieved from http://www.sjto.gov.on.ca/ltb/
Residential Tenancies Act 2006
Werner, R. J., & Kratovil, R. (2002). Real Estate Law (p. 534). South-Western/Thomson
Learning.