The laws of contract and property are fundamentally different, with different common law, equitable, and statutory guarantees coming into play when dealing respectively with property and with a contract. The first part of this paper considers whether the relationship between landlord and tenant, as determined by the Residential Tenancies Act at the time of publication, should be regulated by the law of property or the law of contract, and how this regulation should work. The second part of this paper is a survey and analysis of the “form” that leases must take (i.e., must they be written, or is a verbal or implied lease sufficient?), and the kind of “delivery” of leases that is necessary (i.e., who must have a copy of a written lease for it to be valid?). The final part of this paper is, again, a survey and analysis of whether tenants should have complete freedom to assign or sublet his or her property rights as a leaseholder (as was held by common law at the time of publication), or whether some kind of statutory control on alienability (i.e., the ability to sell or give away, practically speaking) of these rights should be considered.
Research Paper
Back to Publication SearchContract or Property Law; Form and Delivery of Lease; Right to Assign and Sublet, Research Paper 7
Resource Details
Publication No: | 7 |
FORMAT: | Publications |
TAGS: | subletting, sublease, resident, contract, landlord, lease, Property, rent, tenant |
FILE: | RPNo.7.pdf |