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Property law: Landlord and tenant law

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  1. Introduction.
    1. The situation with Eric and Tania.
    2. Oliver's sale of Blueacre to Eric.
  2. Eric's actions and trespass.
  3. The living arrangements.
  4. The distinction between a lease and a licence.
    1. A person sharing a house.
    2. Making a lease valid.
  5. How Oliver can get possession of the property.
  6. Tania's rights - use of the property to grow tulips commercially.
  7. Conclusion.

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.

[...] Such an order under the Housing Act 1996 will generally be granted if the sale is necessary to pay off mortgage loan and the tenant is more than eight-week arrears of rent[29]. Alternatively, the order may be granted at the discretion of the court in the following cases: If Tania has breached the tenancy agreement; If Tania has created actionable nuisance; or Tania has been using Yellowacre for an illegal purpose. Accordingly, provided the six month grace period of the lease has passed, Oliver will be able to commence proceedings under Section however the procedure is cumbersome and the onus will be on Oliver to satisfy grounds for possession. [...]

[...] Smith (2003), op.cit. [1990] 1 WLR 766. Ibid. Ibid. [1985] op.cit. Dixon., (2005). Op.cit. [1985] op.cit. [1944] KB 368. Dixon (2005) op.cit. Ibid. [2000] op.cit. J MacKenzie& M Phillips (2005). [...]

[...] 15th Edition Oxford University Press. M. Dixon (2005) ?Principles of Land 5th Edition. Routledge ?Cavendish Publishing A J Oakley (2001) Megarry's Manual of the Law of Real Property 8th. Sweet & Maxwell R J Smith (2003) Property Law 4th Edition, Longman R J Smith (2003) Property Law Cases & Materials 2nd Edition, Longman Megarry and Wade., (2007) The Law of Real Property. 7th Edition Sweet & Maxwell J MacKenzie& M Phillips (2005). Land Law. 10th Edition Oxford University Press. Megarry and Wade., (2007). [...]

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