UNIT 4
Letting and hiring
Essentiala of contract of lease
Essential Elements
The property to be leased
Temporary use and enjoyment of the property
Lessee pays lessor a determinable amount of rent
NB: Parties can agree to a contract ≠ lease. Court = true intention of parties
Rent
Agree (tacitly or expressly) on amount of rent
Agree on formula for compensation
Nominate third party to determine rent
Formality Requirements
Common Law
No formalities
Consumer Protection Act (CPA)
Minister may require certain contracts to be in writing
Written agreement valid even if lessee did not sign it
Free copy must be provided in plain & understandable language
Rental Housing Act
Tenant can insist on written contract
Minimum info required – failure = landlord commits offence
Amendment Act: Contract must be in writing even if tenant doesn’t request
Minister must publish pro forma lease agreements in 11 languages
Long-Term Lease Agreement
Must be registered in deeds office
Duties of the Parties
Determined by:
Contract
Letting and hiring
Essentiala of contract of lease
Essential Elements
The property to be leased
Temporary use and enjoyment of the property
Lessee pays lessor a determinable amount of rent
NB: Parties can agree to a contract ≠ lease. Court = true intention of parties
Rent
Agree (tacitly or expressly) on amount of rent
Agree on formula for compensation
Nominate third party to determine rent
Formality Requirements
Common Law
No formalities
Consumer Protection Act (CPA)
Minister may require certain contracts to be in writing
Written agreement valid even if lessee did not sign it
Free copy must be provided in plain & understandable language
Rental Housing Act
Tenant can insist on written contract
Minimum info required – failure = landlord commits offence
Amendment Act: Contract must be in writing even if tenant doesn’t request
Minister must publish pro forma lease agreements in 11 languages
Long-Term Lease Agreement
Must be registered in deeds office
Duties of the Parties
Determined by:
Contract
