MGMT1601 Property Law Assignment: Analyzing Tenant and Landlord Rights

This assignment delves into various scenarios involving landlord-tenant disputes, referencing the Residential Tenancies Act, 2004. It examines the landlord's right to enter a rented condominium, the tenant's remedies for unaddressed maintenance issues, and the legal implications of breaching a lease agreement. The analysis covers specific sections of the Act, such as Section 23 regarding landlord entry, Section 30(1) concerning tenancy diminishment due to damage, Section 37(1)(a) on tenant compensation, and Section 16 addressing the availability of leased premises. The assignment concludes that both landlords and tenants have legal rights and remedies available to them under the Act, and tenants can pursue damages in court if the landlord breaches the agreement.

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1BUSINESS LAW
1. As observed from the facts of the case, a condominium was rented out and complaints
were received related to the tenants. In this situation, the issue is whether the landlord can
exercise his rights in case of any damage caused. As per Section 23 of the Residential
Tenancies Act, 2004 the entry of landlords has been described. There were ways by which a
property owner was capable to enter into a property that had been leased out. Firstly, the
landlord can issue a notice within 24 hours to the tenant by mentioning the time and the
reason for the entry. Secondly, there must be true consent, which is free from any kind of
defects including fear or undue influence (James & Saville-Smith, 2016). However, if the free
consent has been given by the landlord, the tenant can enter the premises. When there is
damage, section 30(1) of the act allows the landlord to make an application to the Court for
diminishing the tenancy. Thus, it can be stated that the landlord should serve the notice to the
tenant and make an inspection in the condominium. The landlord will therefore, have the
right to enter the premises along with the statutory requirements.
2. The issue of this situation is related to the rights and the remedies of the tenant. In winter, a
house was rented and the amenities thereafter began to malfunction. Maintenance was
required in the common areas and the broken window. The neighbors had therefore received
the complaints (Bennett, 2016). However, despite making innumerable requests, the landlord
did not make any kind of repairs and had threatened and warned for evicting the tenant of the
maintenance is not done. The Residential Tenancies Act, 2004 states that the obligations of
landlords makes sure that the premises must meet the standards of the Housing regulation. If
the landlord breaches the agreement of the tenancy of this act then the tenant can apply to the
Court according to section 37(1)(a) for the compensation (Clarke, 2017). However, if the
landlord fails to make the repairs then the tenant will have the right to apply for the damages
in Court.

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3. It can be stated that an agreement of lease was made between both the parties. The landlord
had informed the tenant about the availability of keys before the date of possession.
Thereafter, the tenant found out that the keys were given to another party. According to
Section 16 of the Residential Tenancies Act, 2004, the leased promises can be made available
for occupying the tenancy (Heffernan, Faraday & Rosenthal, 2015). It can be said that
options are available including recovering the damages as well as the special damages that
results in breach as per Section 38(a) and 38(b). Thus, it can be concluded stating that the
tenant will have the available rights for making the legal remedies as per section 38 of the
above- mentioned act. For the damages. the tenant can therefore make an application in the
Court if the landlord makes a breach.

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References:
Bennett, M. (2016). Security of tenure for generation rent: Irish and Scottish
approaches. Victoria U. Wellington L. Rev., 47, 363.
Clarke, D. (2017). Home Court Advantage: Evidence from an Unusual Landlord-Tenant
Reform in Canada.
Heffernan, T., Faraday, F., & Rosenthal, P. (2015). Fighting for the right to housing in
Canada. JL & Soc. Pol'y, 24, i.
James, B., & Saville-Smith, N. (2016). Tenure Security for Older Tenants.