Commercial Landlord and Tenant Law Term Paper Example | Topics and Well Written Essays - 1750 words

Commercial Landlord and Tenant Law - Term Paper ExampleHe says that if Mr Jagger wants to count the style the shortest term he will agree is one social class, and he requires Mr Jagger to sign an agreement (which he produces and gives to Mr Jagger). Mr Jagger likes the get on, and says hes happy with a one-year corporation, but also says he wants to look at the form of agreement and possibly take advice on it before signing it, but he does need to move in immediately. He offers Mr Richards a month rent upfront. Mr Richards accepts this, and allows Jagger to move in immediately. He says, however, that Jaggers occupation will be on the monetary value of that agreement in your hand unless we agree something different, and they agree that in due course they will validate the arrangement by signing an appropriate document.Mr Jagger looks at the agreement. It is headed Licence, indicates a clear period of one year, a weekly endorse fee of 75 and states (amongst other things) that Mr Richards is at liberty to require Mr Jagger to share the room with any terzetto party whom Mr Richards wishes to put into occupation.Explain, by full reference to the background law, the status of the interest (if any) which Mr Jagger has in the room in Mr Richards house and how such interest came to be (or failed to be) created and whether, in consequence, it is open to Mr Jagger to leave without further liability either immediately or at some point prior to the expiry of a year after he moved in.AnswerIn regards to common law, the licence is non legally blanket because Mr Jagger did not sign it. Mr Jagger holds a licence to use the assigned room in Mr Richards home. A licence is only a personal permission, not transferable and is not binding. If Mr. Jaggar would be a tenant, he could bugger off a legal estate which can be inherited or transferred, and is binding on trey parties. A tenancy will have a great deal of statutory protection, particularly relating to security o f tenure a licence can be terminated easily (subject to any condenseual agreement) and horizontal the residential licensee has only minimal statutory protection chthonian the Protection from Eviction Act 1977, not amounting to security of tenure. Mr Jaggers interest came to be when he and Mr Richards verbally agreed to a one year deal. A licence is merely permission to use the premise it is not a lease. If no contract were created at all, it would still be considered a licence because the grantor obtains the right to use the entire premise. The giving and accept of rent does not define a tenancy. Since this is only a licence to use the premise Mr Jagger has no further obligation to Mr Richards. If it is a tenancy it would be created formally by deed (unless within the exceptions under Law of Property Act 1925 S.54). If