QUESTION 1
By an arranging in piece of music made in 2008, Sello agreed to lease his contribute to Beryl for 10 years at an annual prosecute of $36,000 collectible in advance. It was agreed that the term should commence on January 1, 2009 and on that day beryl moved into possession paying to Sello the sum of $3,000. Thereafter, Sello evaluate the sum of $3,000 at the beginning of each month. On portentous 30, 2012 Sello payment of the balance. On August 31, 2005 Sello served a notice to block up and deliver up possession of the premises on or before December 31, 2012.
This scenario raises the issues of the legal formalities necessary to construct a valid lease, and the effects of non-compliance of these formalities on the parties involved.
1. Whether Sello and Beryl had entered into a valid lease?
The law governing the creation of leases in Trinidad and Tobago is found in member 3 of the Conveyancing and virtue of Property Ordinance, Chap 27. No.16. The section stipulates that a lease for a term exceeding three years must be made by deed and duly registered.-Metcalfe v Edghill and Kushner v Law Society.
This section also stipulates that any agreement in writing to lease property shall be valid and pile effect as an agreement to break away a lease, and the personality of the tenancy of a person who is in possession of such(prenominal) a property will be construed from the payment of rent or other circumstances.
On the facts the lease that Sello and Beryl have entered into is spoil because it fails to meet the statutory requirements for a lease for a layover of more than three years as stipulated in section 3, Chap 27. No.16. However, by that same section, the agreement in writing between the two parties takes effect as an agreement to transact a lease, and Beryl having entered into possession under the terms and conditions of the agreement became a yearly tenant.
2. The second issue that arises is whether the agreement to execute a lease is...If you want to get a secure essay, order it on our website: Ordercustompaper.com
If you want to get a full essay, wisit our page: write my paper
No comments:
Post a Comment