1. AREA ANNUAL SEMINAR ASPECTS OF THE RELATIONSHIP OF LANDLORD AND TENANT By Bridgid Annisette-George Attorney-at-Law

2. LEGISLATION Landlord and Tenant Ordinance Summary Ejectment Ordinance Petty Civil Court Act Rent Restriction Act Rent Restriction (Dwelling Houses) Act Conveyancing & Law of Property Act BMAG

3. A Lease “An instrument/document creating an interest in land for a fixed period of certain duration usually in consideration of the payment of rent.” BMAG

4. Creation of the relationship Contract : written or oral Statute: Tenancy by Transmission Statutory tenant BMAG

5. Nature of the relationship Defined exclusive possession term less than L’s legal relationship BMAG

6. Essentials of the relationship Identification of L and T Identification of the property Commencement and duration Rent BMAG

7. Nature of Rent A payment which a tenant is bound by contract to make to his Landlord for the use of the property It must be certain Rent Review Clauses: escalation clauses/rent review clauses Service Charges deductions

8. Rights and duties under lease/tenancy Lease is silent except for essential terms Lease contains the usual covenants Lease contains the usual covenants and other matters Impact of statutory provisions BMAG

9. Landlord’s obligations no express provision Quiet enjoyment Not to derogate from grant No undertaking of fitness for purpose BMAG

10. Tenant’s obligations no express provisions Payment of rent: time mode Not to commit acts of waste To keep in repair To deliver up in repair Re-entry for non payment of rent BMAG

11. Usual covenants Rent Repairs, fitness, and alteration Quiet enjoyment Insure User Renewal Against assignment/underletting BMAG

12. Termination Effluxion of time Notice to Quit Forfeiture Surrender Merger Disclaimer BMAG

13. Recovery of possession Court proceedings Summary ejectment: $6000.00 per year Petty Civil Court: $15000.00 per year High Court BMAG

14. Re-entry FORFEITURE SELF HELP Sec 70 Chap 56:01 BMAG

15. Forfeiture for non-payment of rent Formal demand-strict rules Express exemption from formal demand provision “whether formally demanded or not” Tenant’s right to stay proceedings Tenants claim to relief BMAG

16. Forfeiture for other covenants Service of notice- statutory form Terms of notice Mode of service Time for compliance Relief BMAG

17. DISTRESS Right of Landlord to distrain for arrears of rent upon all goods found on the premises Employment of licensed bailiff BMAG

18. Rent Restriction Rent Restriction Act Chap 59:50 (1980 Rev) no longer in force Rent Restriction Dwelling Houses Act Chap 59:55 (2007 Rev) BMAG

19. RENT RESTRICTION DWELLING HOUSES ACT Applicability Registration by L & T Nature of protection Increases in Rent: Authorised Rent Dilemma BMAG

20. bibliography Halsbury’s Laws of England Vol 27 3 rd Ed The Rent Acts by R.E. Megarry The Law of Real Property by Megarry and Wade The Law of Landlord and Tenant by Hill and Redman BMAG