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Essay / Research Paper Abstract
This 6 page paper looks at English law and the case of a rent agreement that appears to be informal and a new tenant arriving. The landlady then sells the property to another owner, with the new owner wanting to get rid of the tenant. This paper looks at the rights of the tenant and how these are established with reference to land law, specifically the determination of whether the agreement is a licence or a lease. The bibliography cites 5n sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEtenant.rtf
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Unformatted sample text from the term paper:
premises but there is a separation of the premises but Tina retained a key, although she did not use it. There was an agreement for ?400 a month rent but
as Jenny wanted to move to Canada she did not want a long term arrangement, we also do not know if ?400 was a fair market rent. Later, Jenny allows
Vernon to move in, with Tinas consent, but with no written agreement, Vernon takes over paying half of the rent. When Tina sold the property in 2005 she assured Jenny
and Vernon this would not impact on them, but the new owner Wendy does not want them to stay. The first consideration here is whether this is a tenancy
under licence or under lease due to the different rights that exist with each. In the past it was assumed that the difference between a licence and a tenancy created
by a lease and a licence was that under a lease there would be the exclusive possession of the subject of the lease whereas in a licence this was not
the case (Wilke and Cole, 2000). However, it is not recognised that this is not the only distinction between a lease and a licence (Wilkinson, 2001). The Rents Act give
protection only in respect of rent control and tenure only to tenants. Where there is a lease, the majority of these will, when the initial lease ends it create a
statutory tenancy and the land lord would only be able to terminate the agreement with certain conditions. Even in death if there were other members of the family living with
the tenant they may be able to take over the lease. The problem here is the lack of written agreement, there may be one with Jenny, we are not told,
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