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). [...]
[...] As such, business tenancies for a term in excess of six months provide tenants with security of tenure under Part II of the Landlord and Tenant Act 1954. Accordingly, upon expiry of the term, the lease will “hold over” under the LTA 1954 and continue by operation of law[35]. It can only be terminated by one of the procedures laid down in the Landlord and Tenant Act 1954. If the security of tenure provisions are not contracted out in the lease itself, Oliver will have to serve a notice under Section 25 of the LTA 1954 specifying a termination date of not more than 12 months nor less than 6 months from the date of service[36] and the specified date cannot be earlier than the expiry date of the initial fixed term of the lease[37]. [...]
[...] The Law of Real Property. 7th Edition Sweet & Maxwell. Ibid. (1825) 4 B and C 574 (KB). [1946] K.B Ibid. [2000] QB 133. M Dixon., (2005). Principles of Land Law. 5th Edition Routledge Cavendish. Ibid. [1985] AC 809 (HL). Ibid. R Smith (2003). Property Law. 4th Edition. Longman. Ibid. [1985] op.cit. [...]
[...] Alternatively, if Tania is a tenant, then she will have some protection under common law and statute in respect of termination of tenancy, which clearly impacts Oliver's rights to get possession of the Property[26]. The arrangement was created after 28 February 1997 and as such, constitutes an assured shorthold under the Housing Act 1996. As the Landlord, Oliver may seek to terminate and gain possession of an assured shorthold by serving a section 8 notice and providing one or more of the statutory grounds specified by the Housing Act 1996. [...]
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