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SU 2 Lease ST 2.pdf - Specific Contracts (KTH 220) Unit 2:...

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Prof. J BarnardSpecific Contracts (KTH 220)Unit 2: Letting and Hiring of Things (Lease)Theme 2: Duties of the Lessor2021
2IntroductionIf there is valid lease agreement, i.e. all theessentialiaare in place, thenthenaturalia, as found in common law, become applicable automaticallyi.e. the natural consequences of the contract, including rights, duties,remedies. These might be impacted by statutes like RHA and CPA.Common law duties of parties:Lessor/Landlord:Lessee/Tenant:(1) Deliver property(1) Pay rent(2) Maintain property(2) Proper use of property(3) Ensure undisturbed use(3) Return property uponand enjoyment of propertytermination of lease(4) Compensation forimprovementsNB: one party’s duties correspond to other party’s rights
3Duties of lessorSee 17.01-17.41Common law duties:1)Deliver property2)Maintain property3)Ensure undisturbed use and enjoyment of property4)Compensation for improvementsThe lessee has the corresponding right to claim performance of theseduties from lessor.And to this end, the lessee has certain remedies to enforce these dutiesshould the lessor fail to fulfil them.NB: as impacted by RHA and CPAif these acts apply.
41. Delivery of leased propertySee 17.04-17.08Make temporary use and enjoyment of property available to lessee.ConditionAs agreedIf no agreement:In condition as at time of contracting; orIf leased for specific purpose, then it must be in condition that isreasonably suitable to use for that purposeComply with statutory standardsTogether with attachments and additions to make it suitable for thepurpose for which it is leasedImpact of CPA? See 17.07-17.08
52. Maintenance of the leased propertySee 17.09-17.12Lessor must maintain property for duration of leaseNB: unless otherwise agreed (inincidentalia)If duty placed on lessee: construed strictly because it goesagainst normal common law ruleScope of duty:As agreedIf no agreement: suitable to use for purpose for which leasedDuty does not include:Repairing damage caused by lessee or persons responsible forMinor repairs not attributed to age/quality of propertythis is lessee’s duty (presumably caused by lessee)
6Remedies regarding duties 1 and 2See 17.13-17.21 and case lawIf lessor fails to comply with duty to deliver or duty to maintain, the lessoris in breach of contract: lessee then entitled to general contractualremedies plus two extra remedies1)Specific performance2)Rescission3)Damages4)Reduction of rent5)Lessee themselves undertakes repairs6)Remedies i.t.o. the CPA

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Term
Fall
Professor
S van wyk
Tags
Common Law, Contract Law, Leasehold estate

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