Commercial landlord and tenant law 2 Essay Example | Topics and Well Written Essays - 1750 words

Commercial landlord and tenant law 2 - Essay ExampleIn the force where the landlord int completions to repossess the antecede for personal use for otherwise reasons, the act upon provides the processes the landlord should follow without incurring a indebtedness for breach of the lease centre (Bright, 2007. P. 186). The actual procedure for bringing tenancy to end depends on the price under which the take was formed. In addition, the process will be influenced by the manner in which twain parties have adhered to the terms of the contract as well as the application of right process for windup the tenancy in accordance to the Act. Unit 1 In the matter of unit 1, the lease contract was initiated on September of the year 2000, and the lease period was fifteen years. The contract was completed under full-of-the-moon Repairs and Insurance (FRI) lease in accordance to the landlord and tenant Act of 2000. However, during the lease period the tenant renovated the enter by constructi ng an extension and installing air conditioner at a value of ?125,000 in the year 2004. This resulted to an time lag of the rental value of premise to about ?14,500. In this situation, the occupier is entitled for compensation from the landlord for the cost he or she has incurred in adding value of the create (McQueen, 2010. P. 43). According to this Act, the tenant is entitled to receive compensation because of amend the status of the expression above the state it was in before the occupancy (Bright, 2007. P. 195). Since the tenant occupied the building in the year September 2000, the period of occupancy is below fourteen years. The tenant has left twenty months before the expiry of the lease period. The Act requires compensation at a value of rate-able value of the premise in the event of termination at the request of the landlord. In case the landlord succeeds in terminating the lease contract for unit 1, the occupier will have to be compensated on the ground that the landlo rd wants the building for other use rather than breach of pledge by the occupier (Linda, 2013. P. 17). The landlord has numerous means to explore in clearing unit 1 for another tenant. Firstly, the landlord can issue the tenant with a six months placard under partition 25 of the Act. In this notice, the landlord should indicate the reasons for refusal of a new tenancy taking into considerations the requirements of section 30 of the Act (Portman, & Marcia, 2012. p.79). In this situation either the landlord or the tenant will petition the move of law to justify the landlords application of rejecting new tenancy under section 30 of the Act. The case will have to be determined by the court and decide whether the occupier will plagiarize the premise to continue living in it (Jeffrey, 2003. P. 43). If the landlord succeeds in this application, the tenant will have to vacate the building upon the completion of the lease period that will expire in twenty months time from now. Another cream available for the landlord to clear unit 1 building for another client is through mutual agreement with the current occupier. This is the best option because it will not require tedious procedure, but instead the landlord whitethorn inquire from the client as to whether they will renew the contract or whether to bring the tenancy to an end (Bright, 2007. p. 256). This is referred to as mutual agreement since the two parties must consent on the action to be taken. The Act grants the tenants right of tenure that allows tenants to continue