Property Law Assignment - Analysis of Tenant and Landlord Rights

This property law assignment delves into key aspects of landlord-tenant relationships and residential tenancy regulations. It examines scenarios where a landlord's entry into a tenant's premises is permissible, including the requirements for providing notice and addressing property damage. The assignment further explores situations involving breaches of tenancy, outlining the rights of tenants to terminate agreements and the conditions under which such actions are valid. Finally, it addresses instances where a tenant is unable to occupy a property due to landlord non-compliance, detailing the tenant's options for repudiation, seeking specific performance, and recovering damages. The assignment is supported by references to relevant legal sources.

Running head: PROPERTY LAW ASSIGNMENT
PROPERTY LAW ASSIGNMENT

2
PROPERTY LAW ASSIGNMENT
Table of Contents
Solution 1.........................................................................................................................................3
Solution 2.........................................................................................................................................3
Solution 3.........................................................................................................................................4
Reference-List..................................................................................................................................5

3
PROPERTY LAW ASSIGNMENT
Solution 1
A landlord is able to enter the premises of the tenant’s residence without consent if the tenant has
been served with a written notice on behalf of the landlord at least 24 hours prior to the entry
time. Landlords can use this policy to enter the premise in order to monitor the state repairing
state that also includes excessive humidity and moisture. A landlord may also enter the premise
suddenly if there is a repairing to make or want to supervise the state of the residence and its
surroundings. However, in order to gain entry into a residential complex, the landlord needs to
serve that notice to every member of that complex.
If the Condominium unit is damaged due to the actions of the tenant, the landlord has the right to
seek a form of penalty from the tenant (McKee, 2015). However, before charging with a fine, it
should be proved that the damages took place because of the actions of the tenant. The damage
deposit, or security deposit, according to the RTA, is held by the landlord and can be applied in
this case as damages have been caused by the tenant. Against the value of owned rent, this
security deposit can be applied as well. However, these charges should never exceed the value of
the rent.
Solution 2
If, on the basis of reasonable grounds, the tenant believes that a substantial breach has been
committed, as can be illustrated in this case, then the tenant can make an application to the
RTDRS or the court to terminate tenancy or the landlord can be served with a termination notice
of at least 2 weeks (Carey, 2016). This notice must be:
● in the form of writing
● the address of the premises needs to be stated
● be signed with the tenant

4
PROPERTY LAW ASSIGNMENT
● the termination reasons are clearly stated
● the termination date is mentioned clearly
The only times exceptions can be made include the times when the landlord has clearly complied
with the rules, which is not the case in this scenario.
Solution 3
According to Section 38: Possession Unobtainable, if the tenant is unable to move in due to the
unavailability of the residential premises by the landlord or if the basic health standards are not
met, as per stated by the Regulations and Public Health Act, the tenant has full right to repudiate
the agreement of residential tenancy (Bennett et al. 2016). One or more things can be done by the
tenant in this case:
● Repudiation can be applied to the Beach of Queen's Court and agreement of residential
tenancy for a particular performance of the Covenant.
● Recovering special damages that has been a result from the breach or if the landlord
could have informed, in this case, about the occupancy of the residence by another tenant
much earlier.
In this case, the tenant is liable to seek the court for any special damages. Compelling evidence
should be in possession of the tenant along with proofs of damages.

5
PROPERTY LAW ASSIGNMENT
Reference-List
Bennett, J., Howden‐Chapman, P., Chisholm, E., Keall, M., & Baker, M. G. (2016). Towards an
agreed quality standard for rental housing: Field testing of a New Zealand housing WOF
tool. Australian and New Zealand journal of public health, 40(5), 405-411.
Carey, C. (2016). Residential tenancies act review: Rallying our response for residential
tenancies reform. Journal (Real Estate Institute of New South Wales), 67(2), 30.
McKee, C. (2015). Special terms of the General Tenancy Agreement Form 18A. REIQ Journal,
(2015), 28.