Land Law Report: Residential Tenancy Act and Landlord Responsibilities

This report analyzes a land law case involving a lease agreement between a landlord, Jaime, and his tenant, Arya, in Australia. It examines the rights and remedies available to Arya when facing disruptions to her business due to renovations by a neighboring tenant, Tommen, and Jamie's failure to address the issues. The report delves into the scope of covenants, interference by landlords and third parties, and non-physical interference, highlighting Jaime's liability for the resulting damages to Arya's business. Additionally, the report provides legal advice regarding urgent repairs, lessor's rights to entry, the duty to provide rent receipts, and security bonds, referencing relevant sections of the Residential Tenancies Act 1987. The analysis covers Arya's rights to reimbursement for urgent repairs, remedies for illegal entry by the landlord, and the landlord's obligations regarding rent receipts and security bonds. The report concludes that Jaime is responsible for compensating Arya for the damages and stresses caused by the interferences and breaches of the lease agreement.

LAND LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
PART A...........................................................................................................................................1
PART B...........................................................................................................................................3
CONCLUSION................................................................................................................................5

INTRODUCTION
Lease and tenancy are one of the most important part of renting of residential and
commercial property in Australia. Lease is a facility provided to those people who want to owe a
property without ownership for a longer period of time and by paying a fixed rent. For this lease
agreement are entered into by parties and are governed by transfer of land Act 1983 and
Residential Tenancy Act 1987 in Australian. The present report is about given case law of Jamie
and his two lessee (tenants) and dispute arising between them. Legal advices are presented to
Arya (tenant one) for problems faced by her due to legal permission and approval received from
Jamie for expansion of business by neighbour Tommen
PART A
Rights and remedies of Arya against Jaime
While preparing lease documents both involved parties specify their rights and duties. If
one person fails to fulfil their obligations then other has right to claim for the same.
Scope of covenant
It is duty of Jaime being a landlord that to interfere with his tenant and conform that
person is enjoining premises. Individual has to ensure that whether tenant is free from
interruption or not. Furthermore, interference by landlord is another covenant of property-owner.
If Jaime breaches contract and remove doors, windows due to which Arya faces trouble then in
such condition Arya being a tenant has right to claim against Jaime. If there is issue related to
disconnected gas, electricity supply etc. due to which customers of that place is facing issue and
they are leaving the palace then landlord will be obelised to pay compensation for the same. As
in the case Jaime has made legal contract with Arya and have given his land on lease to Arya.
Jaime has given permission to Tommen to make improvement in his shop. But due to this,
Casterly collectables was invisible to all consumers. Apart from this, newly installed fans into
foodstore were leaving a stale cooking smell in his shop due to which consumers don’t feel
comfortable and they go from place. This has affected sales of Arya’s company to great extent.
Land law clearly describes that if potential customers of tenants are facing any obstacles then
occupant has right to claim against the landlord for the same. Thus, Jaime is liable to resolve
such problems so that Arya can enjoy this place.
Interference by third party
1

In addition, interference by third party is another right and remedies of Arya against
Jaime. If there is any kind of interferences by third person then individual has legal authority to
claim. There are two qualification: first in which someone else is claiming through landlord. In
this case owner is not responsible for anything because other is superior to landlord’s title. In
second qualification protection of covenant is against the law. Thus, person who is tenant at that
place has right in tort that to claim against third party. Land law clearly describes that after
coming into the lease contract individual gets right to enjoy premises and if tenant is unable to do
the same then person can claim against landlord.
Non-physical interference
Non physical interference is another right and remedies for Arya against Jaime. This
explains that if there is absence of physical interference of third persons then it would not call as
breach of covenant. It is because tenant is enjoying the place very much and there is no
interruption. But if there is presence of physical interference then this gives right to occupant to
legally claim against property-owner. Thus, in the presence case of Arya, physical nosiness of
Tommen work has created issue for Arya and has affected sales of his shop. As Arya has asked
to officer regarding any kind of destruction near to place but individual has avoided her duty and
have given information to Arya without looking at near construction. This was the mistake of site
officer and that is why Arya has faced huge trouble. Furthermore, it was duty of landlord that to
take permission from Arya before allowing renovation work near to his shop. Due to noise Arya
was unable to concentrate on his work and this has affected his wellbeing as well. Thus, Arya
has right to raise voice against the Jaime because landlord has allowed Tommen to make changes
in his shop and it was under the title of Jaime. It is fact that if any kind of interruption is affecting
enjoyment of tenant then that would consider as breach of contract and landlord will be liable to
pay to occupant for the same. In the present case of Jaime and Arya it is shown that renovation in
shop of Tommen was affecting sales of Arya’s shop. Jaime has permitted the Tommen for this
renovation and he knew that such kinds of things such as use of new fanes and standing of
vehicles outside his shop will create issue for him. But landlord has done nothing on it due to
which Arya was unable to enjoy his premises thus, this is breach of law and Arya has right to ask
for his loss from Jaime.
Landlord of that land is liable for breach of covenant because all things have happened
because of noise emanating from other occupant. Jaime has permitted Tommen for renovation
2

and improvement and that was causing difficulty for Arya thus, Jaime is responsible for
compensating the loss.
Landlord of premises is entitled to pay for all damages of tenant that occurs due to
disturbance of enjoyment. Damages include: customer dissatisfaction, profit reduction, mental
upset etc. Mental distress is also included in damage according to English court. In such kind of
conditions Arya has right to terminate the contract because of Jaime has virtually created
problem for him. Tenant has possession to claim against Jaime for his damage and stress. If
premises is used normally and do not cause nuisance to other tenant then it is acceptable but if
other tenant is creating trouble because of interferences then individual has right to claim against
landlord.
PART B
Legal advice regarding rights and liabilities of the parties to lease:
Section 43: Urgent repairs
3. As per this section urgent repair means, for a residential premise repair are necessary A.
for restoration of a service which is defined in regulation as an essential service; orB. to
avoid exposing- risk of injury to a person, property to damage or causing unnecessary
hardship or inconvenience to tenant.
2. In case of every tenant ship agreement when there is an urgent need to repair the house
without any breach of tenant,
1. Tenant must notify lessor about the same.
2. Lessor musk ensure that repair is carried out in reasonable time after getting notification
 In case if tenant is unable to contact lessor about need of the urgent repair or lessor failed
to ensure repair work is done on timeA. the tenant may make arrangement for such repair
to the minimum extent necessary to effect those repairsB. the lessor must after the repair
reimburse tenant with expenses incurred for carrying out fixing work.
Application in present situation of Arya:
As per section 43(1), there was an urgent need of repair work in apartment of Arya as
lock of the door was not working which is an expose to risk of tenant. According to Section
43(2), Arya notified Jamie for more than 2 weeks but he was not available and did not answer to
text of Arya. She is entitled for reimbursement of amount of lock of $500 and cost of repair paid
to trade person of $2000 under section 43(3) as both were necessary and to extent of minimum
3

essential repair work. Persian carpet is the personal property of Arya and it was damaged due to
explosion of the gutter and she can claim the damages of $3000 as it is clearly defined in section
43(1), house needs urgent repair.
Section 46: Lessors right to entry:
2(b) In terms of residential tenancy agreement, lessor may enter the premise for conducting
routine inspection on a day at reasonable time. A notice to tenant must be given not less than 7
days but within 14 days prior to such entry.
2(7) A. lessor must not enter residential premise without a reasonable manner; and
B. must not stay on premise, without consent of tenet longer than it is necessary to
achieve purpose of entry.
Application in case:
As per section 462(b) Jamie did not provide any notice of his visit to Arya and entered
the apartment without consent of his tenant. Moreover, he is liable to stay on property after
reasonable time. On illegal entry to apartment, he also inspected the house.
This is very clear that Jaime was in breach of rights of tenant as stated under section 46.
Arya can sought legal remedy against him for his uninvited visit to her house and inspected it
without her presence and consent.
1. Persian carpet
2. Issue related with computer equipment of Catelyn
Section 33 duty to give receipt of rent
A person who receives rent under residency tenancy act must provide a receipt of rent
received within 3 days of receiving such. It must clearly define date on which it was accepted,
the amount paid and period of tenancy in respect of which it is received along with specifying
the premise of which it was paid. In case if it is not provided, lessor can be fined up to a sum of
$5000.
Application in the case:
Arya is entitled to receive a receipt for fortnight rent paid by her to Jamie. He is
responsible to give her rent received receipt specifying amount of rent, time period and property
for which it is accepted. Now, Arya has paid $500 more, so she can ask Jamie to give her a
receipt of payment for two fortnight payment of $1000 and same will be counted as advance
payment for coming fortnight.
4

Security bond:
Section 29(1) (a):
This is amount payable by tenant as security for performance of ligation of a tenant under
a residential tenancy agreement.
Section 29(4): Duties of lessor:
A person who receives an amount in the form of security under residential tenancy agreement.
Must give a receipt of the same to person paying such amount along with date, name, and
amount with specifying the premise to which it is related to.B. Must pay such amount to bond
administrator in accordance with schedule 1 clause 5A. C. Must submit a record in a form which
is approved by ministers relating to the payment. In situation of failure of proving the same,
lessor can be fined with a penalty of $20000.
Application in present case:
Arya can ask Jamie to give her receipt of $2000, for security amount paid by her under
with details mentioning amount and date. She must confirm that amount is transferred to
administrative authorities and a record form is submitted to ministers. In case if this is not done
by Jamie, she can ask him to do so and in failure of this, he might have to pay a penalty of
$20000.
Issue of Catylen's computer equipment:
Catylen cannot take any legal action against Jamie as she did not inform him about
importance of equipment and fact that she will return to collect the same.
CONCLUSION
From the above study it can be concluded that enjoyment of premises is right of occupant
and if individual is unable to enjoy his place then landlord is liable for paying compensation.
According to Residential Tenancies Act 1987 Jaime has to pay for all the damages that have been
faced by Arya because of these interferences.
5

6