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Lease/Tenancy - Coggle Diagram
Lease/Tenancy
Terms in lease
Reddendum
Clause
Option to renew Clause
Tenant to continue to occupy
No automatic entitlement
must be contained in lease
Diplomatic Clause
Safeguard tenant
Terminate lease after 12 months
2 months notice
Refund security deposit
Rent Review Clause
adjust rent at the review date
Mortgagee consent
Subject to the tenancy
Avoid tenant have to evict house
Rent amount
Deposit
Service charge
Rent review
Convenants
Landlord Covenant
Quiet Enjoyment of premises by Tenant
Non-derogation (exemption) from grant
Fit for habitation at the start of lease
in Good repairs
Good title and not bankrupt
Pay tax
successor-in-title to observe terms of lease
Tenant's Covenants
Pay rent
Not to sublet
Keep premises in good repairs
No unauthorised alternations
No to commit waste
Damage the value of property
Types
Voluntary Waste
Willful destruction or carrying away of something attached to property
Protect by requiring damage or security deposit
Permissive Waste
Cause by omission on the part of tenant
Not making reasonable maintenance
Ameliorating Waste
Unauthorised alteration
Increased value of property
Equitable Waste
Harm to the reversionary interest in land
Remainderman to stop cutting by life tenant
Allow Access to landlord
Pay rates, utilities
For permitted purposes
Occupancy cap of 6 unrelated for private property
3 months minimum stay duration
No to cause nuisance
Conditions
Warranty
Premises
Date
Name of parties
Address of property concerned
Habendum
Commencement
Duration
Termination of lease
By Expiry of fixed term
By Express power
Clause to allow terminate before end of fixed term
Diplomatic Clause
By Surrender of unexpired term
By express words of tenant
By operations of law
By Forfeiture
By landlord
Due to breaches by Tenants
By notice to quit
within 6 years of date arrears became due
Types
Fixed Term lease
Automatically expired
Fixed Period
Definite beginning & ending dates
Periodic Tenancy
Terminate by giving notice
Implied Periodic Tenancies
Holdover Tenant
In possession
Continue rent payment
Landlord accepts payment
Fixed term lease end
Y-to-Y, M-to-M, W-to-W
Tenancy at Will
Either party can end immediately
Permission of owner
No lease
Tenancy at Sufferance
Hold-over tenancy
without owner's permission
Apply to residential & commercial
Options
Renew lease
Evict Tenant
Find new tenant
Holding over clause
Tenant to continue to pay
Double base rent
Does not constitute a renewal
residential
Tenancy
Features
Exclusive Possession
Reversionary interest of landlord upon termination of tenancy
Landlord's right subject to tenancy
Fixed Lease Period
More than 7 Years
in form of deed
registered with Registry of Titles
3 - 7
Written form
3 & below
Oral or simple contract
vs License
Personal right
Lease is Proprietary interest
Permission
Legal interest
Conveyancing and Law of Property Act
Common Law
Assignment of lease
Not obligation
Original tenant obliged to pay rent
assign tenancy rights (only) to new replacement tenant
Novation of lease agreement
Transfer rights and obligations
Consent of all parties to original contract
Land Title Acts
Rights of Landlord
Twice every yr
2 days notice
Enter premises to view state of repairs
Serve notice of any defect
Tenant to repair
When rent is in arrears for 30 days
Re-Enter premises
Take possession
Sue for unpaid rents
Relief of non-payment of rent
Distress Act
rent must not exceed 12 months of tenancy
File Writ of distress
Sheriff seize goods and valuate
Notice to tenant on seizure
5 days to pay from date of notice
Abandonment by tenant
Rent < 75% of annual value of property
Arrears for >= 2 months
Landlord apply to court and take possession of premise
Sheriff notify tenant
within 10 days