defendant to sue Tom for misrepresentation or fraud and give actual occupation

Defendant to sue tom for misrepresentation or fraud

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defendant to sue Tom for misrepresentation or fraud and give actual occupation to the occupiers. Hence, we would be able to establish overriding interest over the interest of the new buyer. Part 2 As there are no express terms about repair, we have to assess the application of implied terms or the statutory obligation. Implied terms The courts have restrictively applied very few obligations under criteria. In the case of Smith v Marrable 19 , the courts decided that the landlords only have an obligation to repair at the beginning of the lease. Moreover, this only applies to furnished houses. In our case, the agreement was signed two years ago, hence no remedy under implied terms. The only possible way that Reena could be liable would be Statutory obligations 19 Smith v Marrable [1843] 152 E.R.-693 5
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ID :1756172 Word Count: 1245 Landlord and Tenant Act 1985, s11 20 sets out the repairing obligations for short leases. Our case might fall under ss1 (a) where it says to keep repair of the structure and exterior of the dwelling-house. However, courts have been problematic previously as in the case of Quick v Taff-ely BC 21 , the house suffering from damp and condensation was blamed at the way the property was designed and constructed. In our case, this is unlikely as the issue has recently arisen. Bibliography Cases AG Securities v Vaughan [1990] AC-417 Antoniades v Villers [1988] 3 WLR-139 Aslan v Murphy [1990] 1 WLR 766 20 Landlord and Tenant Act 1985 21 Quick v Taff-Ely BC [1986] QB-809 6
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ID :1756172 Word Count: 1245 Chhokar v Chhokar [1984] FLR 313 Street v Mountford [1985] AC 809 Link Lending v Bustard [2010] EWCA Civ-424 Landlord and Tenant Act 1985 Marshall v Berridge [1881] 19 Ch. D.-233 National Provincial Bank v Ainsworth [1965] A.C.-1175 Quick v Taff-Ely BC [1986] QB-809 Stockholm Finance Ltd v Garden Holdings Ltd [1995] NPC-162 Smith v Marrable [1843] 152 E.R.-693 Legislation Law of Property Act 1925 Law of Property (Miscellaneous Provisions) Act 1989 Land Registration Act 2002 7
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