MGMT 1601: Property Law Assignment - Landlord and Tenant Issues

This property law assignment presents and analyzes several case scenarios to define the rights and obligations of landlords and tenants under Canadian property law, drawing on common law principles. The assignment addresses issues such as rent payment, lease agreements, property damage, and the responsibility for repairs. It examines specific situations involving residential tenancies, outlining the legal actions available to landlords for non-payment of rent, and the responsibilities of tenants to maintain the property. The document explores the implications of property damage, including fire incidents and the handling of security deposits, detailing the financial liabilities of both parties. It also addresses the landlord's obligation to maintain the property and the tenant's right to claim for repairs. The document concludes with a summary of the key legal principles applied in each scenario and references to relevant legal texts and case precedents.

PROPERTY LAW 1
Property Law
First Name Last Name
Course Code: Course Name
Instructor’s Name
Date of Submission

PROPERTY LAW 2
Property Law
Introduction
The scenarios are aimed at defining the rights and obligations of the landlord and tenant
based on the facts.
Answer to Question 1
In the case scenarios mentioned below, the legal principles are based on property laws of
Canada. The common law of England and Wales also apply in the case scenarios since Canada is
under common law jurisdiction. It is imperative that besides the enactments and legislations of
Canada, the precedents set by courts as per common law jurisdiction are also applicable.
Case 1
Answer to Question 2
As per the facts of the given scenario, the property is a residential tenancy. Such kinds of
properties are leases in standard forms. A copy of the same must be provided to the tenant. As a
result, it is imperative that the tenancy agreement must exclusively mention that David and his
spouse Ana have to pay rent which amounts to three thousand six hundred dollars per month
(Bridge, Gullifer, Low & McMeel, 2017, p.89). Such an aspect would enable Melissa to initiate
action against David and his spouse Ana on grounds of non-payment of rent. Such an action may
involve the notice to David and Ana to disburse the rent of eleven months on an immediate basis
along with any interest falling which may result in vacating the premises at the earliest. David is
under an obligation to pay the rent in a timely manner. This implies he has to pay the outstanding
amount of eleven months on an immediate basis.

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Answer to Question 3
In order to expect the favorable outcomes, the common law principles of England and
Wales apply as far as the scenario is concerned since it is a real property.
Rules
Additionally, since the territorial jurisdiction is Canada, the legislations of the respective
Canadian Province would apply.
Case 2
Answer to Question 4
As it is a residential tenancy taking account of the scenario provided, Mr. Bob can retain
the deposit if he has to maintain the property in the desired manner for carrying out the cleaning
work as far as his obligations are concerned. Mr. Justin was under an obligation to take care of
the property during his tenancy. However, Mr. Bob must be able to mitigate the loss if Mr. Justin
proves that the carpet was not replaced when Mr. Justin informed Mr. Bob about it (Whitman,
Burkhart, Freyermuth & Rule, 2019, p.78). The mitigation can also take place for houseplants if
Mr. Justin has earlier informed Mr. Bob about their condition. The mitigation would involve the
rights exercised by Mr. Justin.
Answer to Question 5
If the losses are proved to have been occurred as a result of the negligence of Mr. Justin,
then Mr. Bob is not entitled to retain 1324.21 dollars of the deposit money. He is entitled to
retain one thousand one hundred and thirty five dollars since as per the facts of the scenario, the

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carpet amounts to one thousand seventy five dollars and the two houseplants amount to thirty
dollars each. As a result, Mr. Justin is not liable for 1324.21 dollars.
Case 3
Answer to Question 6
The fire brigade concluded that the fire was caused as a result of the overheating of the
electric heater. As a result, the landlord cannot be made responsible for the outbreak of fire. The
combustible material was also kept quite close to the fire ns the first item to be engulfed by fire
was the heater cover provided by Sophie the landlord. It is imperative the tenant is responsible
for the fire and has to pay compensation to the landlord for the damages caused (Berkowitz, Lin
& Ma, 2015, p. 586). It is imperative that the compensation is the remedial aspect for the
landlord.
Case 4
Answer to Question 7
As per the given scenario, the onus of carrying out repair work lies on me as a landlord
with regard to residential tenancy with regard to the maintenance of services. As a result, the
landlord must carry out the repairs in order to maintain the standards in a proper and appropriate
manner (Jackson & Wilde, 2018, p. 93).
Answer to Question 8
If the tenant paid for the repair of each item, he can claim for the amount spent for the
repairs if he can prove that the items were in a deplorable condition prior to the tenancy with

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regard to his rights and obligations. As he had already complained twice, he can claim for the
repair work pertaining to my obligations. However, I can revoke such claims if no complaints
were received from his end for six months with regard to my rights.
Conclusion
It can be concluded by stating that the aspects of the case scenarios pertaining to property
law are justified and appropriate thereby providing comprehensive solutions.

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References
Berkowitz, D., Lin, C., & Ma, Y. (2015). Do property rights matter? Evidence from a property
law enactment. Journal of Financial Economics, 116(3), 583-593.
Bridge, M., Gullifer, L., Low, K. F., & McMeel, G. (2017). The law of personal property.
London, UK: Sweet & Maxwell.
Jackson, P., & Wilde, D. C. (Eds.). (2018). Contemporary property law. Abingdon, UK:
Routledge.
Whitman, D. A., Burkhart, A. M., Freyermuth, R. W., & Rule, T. A. (2019). Law of Property.
Minnesota, USA: West Academic Publishing.