MGMT 1601: Analyzing Scenarios Under the Residential Tenancies Act

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Added on  2023/04/17

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Case Study
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This assignment presents a case study analyzing various scenarios under the Residential Tenancies Act, focusing on the rights and responsibilities of both landlords and tenants. It addresses issues such as rent payment disputes, deductions from security deposits, liability for property damage, and the obligation to maintain habitable premises. The analysis references specific sections of the Residential Tenancies Act 2006 and related regulations to provide legal context and determine the appropriate course of action for each case. The assignment concludes by emphasizing the importance of adhering to the terms of the tenancy agreement and relevant legislation to ensure fair and lawful treatment of all parties involved. Desklib offers similar solved assignments and past papers for students.
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Running head: BUSINESS LAW
Business Law
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Table of Contents
Legal principles relating to the given cases: Question 1............................................................2
Case 1: Question 2.....................................................................................................................2
Case 1: Question 3.....................................................................................................................2
Case 2: Question 4.....................................................................................................................3
Case 2: Question 5.....................................................................................................................3
Case 3: Question 6.....................................................................................................................3
Case 4: Question 7.....................................................................................................................3
Case 4: Question 8.....................................................................................................................3
References..................................................................................................................................5
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Legal principles relating to the given cases: Question 1
Residential Tenancies Act 2006 empowers the Landlord to receive the stipulated rent
on time and at the same time gives the right to the tenant to receive a secured place to live in.
the landlord and the tenant must be bound by a Tenancy agreement, which would comprise of
the fundamental requisites of the rent agreement, like the agreed amount of rent, the
particular day on which it becomes due, the delivery and payment method along with the
rights and liabilities of the parties. The Act also direct the parties to discuss about the deposit
amount that the tenant pays to the landlord who holds it during the tenancy period of the
tenant ("Residential Tenancies Act, 2006", 2019).
Case 1: Question 2
Melissa can sue David under the Residential Tenancies Act 2006 for not paying the
rent for 11 month. Melissa can serve a notice to David under Section 59 of the Act for
clearing the due rent and also direct him to vacate the property. Melissa can also apply to the
Landlord and Tenant Board for collecting the rent from David ("Landlord and Tenant Board |
SJTO", 2019).
Case 1: Question 3
David is expected to clear the payment due with Melissa, either to the Board or to her
directly. The notice becomes void under Section 67 of the Act if David pays within 7 days
after he has received the notice. In addition, David would be liable to vacate the property if
directed by Melissa on the grounds of non-payment of rent for 11 months.
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Case 2: Question 4
Bob cannot retain $1324.21 from the rent deposit of Justin on account of replacing the
carpet stained by Justin for $1075. Unless included in the Tenancy agreement, Bob cannot
deduct Justin’s deposit for the dead houseplants.
Case 2: Question 5
Bob can only deduct a sum of $537 approximately for replacing the stained carpet as
it had passed half of its longevity. While, he cannot deduct any amount for the dead
houseplants unless agreed by the parties in the agreement.
Case 3: Question 6
As per the Fire Brigade, the fire had started because of the heater cover that Sophia
had provided to the tenant. Thus, Sophia is to be held responsible for the fire. The tenant
would be eligible to claim compensation for belongings that has been damaged in the fire.
Case 4: Question 7
Services like repair of windows and heating system is the responsibility of the
landlord unless otherwise mentioned in the Tenancy Agreement. Therefore, the tenant must
persuade the landlord to fix the broken things ("MAINTENANCE STANDARDS", 2019).
The tenant can be made responsible to pay for the repairs only if it is mentioned in the
agreement.
Case 4: Question 8
In situations where the tenant pays for the repair of such things, he could claim to be
compensated for the expenses. The tenant can also deduct the amount from the rent when
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4BUSINESS LAW
agreed by the landlord or if directed by the Tenancy Agreement ("MAINTENANCE
STANDARDS", 2019).
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5BUSINESS LAW
References
Landlord and Tenant Board | SJTO. (2019). Retrieved from http://www.sjto.gov.on.ca/ltb/
MAINTENANCE STANDARDS. (2019). Retrieved from
https://www.ontario.ca/laws/regulation/060517#BK19
Residential Tenancies Act, 2006. (2019). Retrieved from
https://www.ontario.ca/laws/statute/06r17
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