The Contractual Boundaries Of A Tenant Relationship

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The contractual bounds in a landlord tenant relationship. The landlord-tenant relationship draws its definition upon the existence of a leasehold estate. A leasehold interest is usually the right to possession by the tenant. Among the most prominent of real property leases, is the commercial rental agreement between landlord and tenant. A commercial lease agreement can be for a fixed period denoted by the period of the lease. Traditionally since the 18th century, it is the right of the landlord to put the tenant into possession in England and Wales. Moreover, it was the duty of the tenant to pay rent as per the lease independent of the landlord meeting their duties and obligations under the lease agreement for payment of lease was taken as…show more content…
London & Canadian Loan & Agency Co. further, Section 3(2) of the RDA provides that a landlord can seize for rent opposing the person of the tenant responsible for the rent. Therefore the definition of tenant in section 3(1) of the RDA is construed to even include a subtenant, who during the period of the lease acquires the consent of the tenant to be actual occupation of the leased premises whether or not he has become the occupant of the landlord’s premise. This was held in the case of Smart Woman Ltd. v. Saleway Estates Ltd. (1987) (Matauschek 2010). In enforcing the right to distress, the landlord or his bailiff is restricted from breaking into the leased premises. Where the landlord goes against this restriction, the distraint becomes illegal as the court held in Beaver Steel Inc. v. Skylark Ventures Ltd. (1983). As such the court established in Tutton v. Darke (1860) that access must be via the recognised ordinary means of entry to the leased premises, that is through authorized means of access such as an unlocked door (Mackenzie & Phillips 2014). The general rule is that the right to distress can only be enforced against goods originating from the leased premises. However, the court has held in Gastown Investment 21 Ltd. v. Purple Onion Cabaret Inc., [2005] that a landlord cannot enforce this right against those goods that have a legal right only such as a liquor license. Moreover, this right is also not available for fixtures that have been annexed to

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