Property law: Landlord and tenant law
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published 15/10/2008
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Summary
In 2000, Oliver’s great aunt Fran, died leaving Oliver “all my right, title and interest in Blackacre”. Fran’s will left everything else to her next of kin Everett. In 2003, Oliver subdivided Blackacre into Yellowacre and Blueacre. In 2003, Oliver entered into an agreement with Tania to live in the small house on the western side of Yellowacre and to use the rest of the property to grow tulips commercially. The arrangement was to last for 2 years paying Oliver $2,000 per calendar month. She has since been paying that amount regularly ever since. This arrangement was reduced to writing and headed “Occupancy and Agricultural Licence”. The 2 years was up on December 31, 2005. In late 2003, Oliver moved a caravan onto Blueacre and lived there until recently. He frequently strolls through Tania’s tulip fields. Oliver sold Blueacre to Eric who has been tiptoeing through Tania’s tulips and enjoys them very much, but often damages the tulips. Tania has told him to stay off Yellowacre.
KEY WORDS: landlord and tenant, housing act legislation, notice to quit, lease, licence.
KEY WORDS: landlord and tenant, housing act legislation, notice to quit, lease, licence.
Table of Contents
- Introduction.
- The situation with Eric and Tania.
- Oliver's sale of Blueacre to Eric.
- Eric's actions and trespass.
- The living arrangements.
- The distinction between a lease and a licence.
- A person sharing a house.
- Making a lease valid.
- How Oliver can get possession of the property.
- Tania's rights - use of the property to grow tulips commercially.
- Conclusion.
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