MGMT1601 Property Law: Case Studies in Residential Tenancies Act

This assignment presents three distinct case studies focusing on the rights and responsibilities of landlords and tenants under the Residential Tenancies Act. The first situation examines a landlord's right to enter a rented condominium and the recourse available in case of damages. The second scenar...Read More

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

1BUSINESS LAW ASSIGNMENT
Situation 1
Issue
A condominium has been rented out. Complaints have been received regarding the
tenants. The landlord suspects there maybe damages and wishes to inspect. The issue here is
determining the landlord’s rights in this situation and in case of any damage evaluating the
recourse.
Law
The law for entry of landlords is defined under section 23 of the Residential Tenancies
Act, 2004. This states that there are two ways in which a landlord may enter a property that has
been leased out. The first is by notice, the landlord may by issuing 24 hours notice to the tenant
stating the time (which must be convenient for both tenant and landlord) and purpose for the
entry. The second is through consent, this refers to true consent free from any defects (through
coercion, undue influence or fear) (Lambert, 2017). Once obtained the landlord may enter the
premises at the time agreed upon. A landlord can also enter the premises without notice if the
leased property has been abandoned or if the landlord believes there is an emergency.
Under Section 21 of the Residential Tenancies Act, 2004 a tenant has a statutory duty to
ensure that there is no damage done to the property by him or any other individual. In case of
such damage Section 30 (1) of the act sets out that the landlord can make an application to a
court to terminate the tenancy or may serve a notice the tenant terminating the tenancy in 24
hours (Weselowski, 2015).

2BUSINESS LAW ASSIGNMENT
Application
In the given circumstances the landlord may serve 24 hours notice to the tenant and
subsequently inspect the condominium or he may meet or call the tenant and obtain his consent
and therefore enter the premises.
If any damages are found the landlord may apply to the court for termination of tenancy
or serve 24 hours notice to the tenant and then terminate the tenancy.
Conclusion
The landlord would have the right to enter the premises after compliance with the
statutory requirements. The landlord would additionally have the right to terminate the tenancy
in case he finds damage.
Situation 2
Issue
A house was rented and subsequently during the winter various amenities began to
malfunction. Further there were prevailing conditions that warranted repairs (a broken window)
and the common areas further required maintenance to the extent where complaints were being
received from neighbors. Despite numerous requests the landlord has not made any repairs and
has additionally threatened to evict the tenant if he himself does not undertake the shoveling (the
maintenance mentioned above). The issue is what rights the tenant has and what remedies are
available to him.

3BUSINESS LAW ASSIGNMENT
Law
As per Section 16 of the Residential Tenancies Act, 2004 the landlords covenants include
their obligation to ensure that the leased premises meets the standards prescribed under the
following acts (Habibis et al., 2014):
 Minimum housing and Health standards.
 Alberta’s Public health Act.
 Housing regulation
For a breach of such a statutory duty the remedies available to a tenant are defined under
Section 37 (1) of the act. This lays down that if a landlord is in breach of the tenancy agreement
or any provision of this act, the tenant may apply to court for recovery of damages due to him as
a result of the breach or non-conformity with the provisions of this act [as per Section 37 (1) (a)]
or compensation for the cost of landlord’s obligations being performed by the tenant [As per
Section 37 (1) (c)] (Gaetz, Gulliver & Richter, 2014).
Application
Repairs of the furnace and the broken window fall under a landlord’s covenants as per
Section 16 of the act and thus must be undertaken by the landlord. The shoveling of the sidewalk
is a maintenance activity which also falls within the ambit of the landlord’s covenant as per
Section 16 of the act. Thus, if the landlord does not execute these repairs the tenant would have
the right to apply to court for damages resulting from a breach of the landlord’s statutory
obligations [following 37 (1) (a)] and if he is compelled to execute the shoveling himself he may
apply to court for recovery of costs of the same from the landlord [following 37 (1) (c)].

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Conclusion
The tenant has a right to recover damages for the repairs that remain unexecuted by the
landlord despite repeated requests.
The tenant if compelled to complete the shoveling of the sidewalk himself or through
others would be entitled to recovers the costs incurred for the same.
Situation 3
Issue
A lease agreement has been executed between two parties. The tenant is informed by the
landlord that the keys would be available a few days before the possession date. When the tenant
goes to get the same from the landlord he sees that the property has been leased out to another
party who are moving in. The issue here is the rights of the tenant in such a situation and the
recourse available to him.
Law
Section 16 (a) of the Residential Tenancies Act, 2004 states that the landlord would make
the leased premises available for occupation at the beginning of the tenancy (Clément, 2013).
Section 38 of the act deals with situations where the possession cannot be obtained. It
states that if the landlord if in breach of his obligation under Section 16 (a) the tenant has three
options available to him namely: repudiation of the agreement or application to court for specific
performance [38 (a)], recover damages for the resulting breach [38 (b)] or recover special
damages if the breach is such that the landlord could foresee its consequences [38 (c)] (Brennan,
2013).

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Application
In light of the above discussions the landlord is in breach of his duties under Section 16
(a) of the act and it may also be inferred that the landlord could have foreseen the consequences
of such a breach. Thus, as per section 38 the tenant can apply to court for either of the remedies
mentioned under this section.
Conclusion
The tenant would have the right to the legal remedies prescribed under Section 38 of the
act.
The tenant would be able to apply to court for damages or specific performance of the
contract or may apply for special damages in this case as the landlord would have foreseen the
consequences of such a breach.

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Reference list:
Brennan, G. (Ed.). (2013). Landlord and Tenant Law. Oxford University Press.
Clément, D. (2013). Alberta's rights revolution. British Journal of Canadian
Studies, 26(1), 59-77.
Gaetz, S., Gulliver, T., & Richter, T. (2014). The state of homelessness in Canada 2014.
Canadian Homelessness Research Network.
Habibis, D., Phillips, P., Phibbs, P., & Verdouw, J. (2014). Progressing tenancy
management reform on remote Indigenous communities. AHURI Final Report, 223, 1-103.
Lambert, N. (2017). The Constitutional Aspect of Canadian Contract Law. In The
Constitutional Dimension of Contract Law (pp. 269-288). Springer, Cham.
Weselowski, N. P. (2015). Housing policy approaches in Canada: locating Québec,
Alberta, and Manitoba.