Exam 24: Restrictive Trade Practices

A water purifier attached to a residence by a tenant at his own expense may not be removed by him on expiry of the lease.

Smitty leased an apartment from Batten that was located immediately above Batten's shop. Smitty moved into possession on a monthly tenancy. The noise created by Batten in his shop disturbed Smitty, although it would not disturb most people. If the noise constituted a nuisance at law, Smitty would be entitled to obtain an injunction to stop Batten from making the noise.

The Elegant Gift Shop had been a tenant in Meadowvale Shopping Centre for ten years. The commercial lease contained a term in which all tenants agreed to participate in all Centre promotional activities and to be open for business during the hours which the landlord stipulated as hours of operation for the centre. At the time Elegant entered into the lease, legislation was in place which prohibited the opening of retail establishments on Sundays and statutory holidays. Recently, the provincial government's legislation was challenged and was found unconstitutional by the courts, thus allowing retail stores to remain open on Sundays and holidays. The manager of Harborvale Centre immediately sent notices to all mall tenants that the Centre would now be open on Sunday and all shops were required to be open for business. The notice referred to the clause in the lease entitling the landlord to require tenants to be open during the hours designated by the landlord as hours of operation. What issues does this situation present? Discuss the rights of the parties involved.

Discuss the application of the Statute of Frauds and the requirement of registration with respect to leasehold interests, give reasons why these conditions are imposed, and explicitly treat the situation of a lease of indefinite term.

If no date for the end of the lease is discussed by the parties, what type of lease is this? How is the end of the lease determined in the normal course of matters? What facts would you need to know to determine the scope of the landlord's rights upon termination?

Larry entered into a two-year lease with Ned, the landlord, to rent a small plot of land for a garden. Once the lease was made, Larry promptly sublet the land to Nayib. Larry would be liable on the lease, even though the property was now in the possession of Nayib.

Smitty leased an apartment from Batten that was located immediately above Batten's shop. Smitty moved into possession on a monthly tenancy. The noise created by Batten in his shop disturbed Smitty, although it would not disturb most people. The noise created by Batten in his shop was in violation of his covenant of "quiet possession."

Smitty leased an apartment from Batten that was located immediately above Batten's shop. Smitty moved into possession on a monthly tenancy. The noise created by Batten in his shop disturbed Smitty, although it would not disturb most people. If the noise was such that it rendered living in the apartment impossible, Smitty would be entitled to have the lease terminated.

In the case of a periodic tenancy, after one year and in the absence of a notice to quit, the tenancy becomes a tenancy at sufferance.

A lease which does not specify a definite term to expiry but where rent is paid monthly (a) renews itself monthly, and (b) need not be in writing.

Freder was a director of Cable Shipping Ltd., a corporation that leased a large dock from Sandro. Freder gave instructions to the person in charge of the dock that the "S.S. Oxford" would be using the dock to unload its cargo. The "S.S. Oxford" damaged the dock on its arrival.

Which is not a reciprocal right under a lease?

Severin leased a small shop from Matthew for a five-year term. The shop was located in a small town. The right to distrain against the goods of Severin would be a remedy available to Matthew, if Severin should default in the payment of his rent.

A lease creates both privity of estate and privity of contract between the lessee and the landlord.

List the right of, and the duties imposed upon a landlord and tenant at common law, and the remedies available to each party.

Describe the major ways in which commercial leases differ from residential leases, and any terms which are commonly found only in commercial or shopping centre leases.

Larry entered into a two-year lease with Ned, the landlord, to rent a small plot of land for a garden. Once the lease was made, Larry promptly sublet the land to Nayib. Once the subtenancy is established, Nayib may remove any trees on the property.

Where a tenant sublets, privity of contract between himself and the landlord comes to an end.

What happens to the real property when the lease terminates?

How does the legal interest in land under a leasehold compare to the interests of the parties to a mortgage. If the landlord has mortgaged the property, how does that affect the actual legal interests of the various parties in the land?