Commercial Property Law Essay Example | Topics and Well Written Essays - 2250 words

Commercial Property Law - Essay Example Any conflict between the parties shall be resolved in consonance with the tenor of the contract, the spirit and letter of the relevant laws as well as applying common law principles and judicial interpretation rendered by courts or tribunals on similar issues. The interpretation of the parties’ rights and obligation in contractual relationships vary and oftentimes the interest of one party may cloud its judgment thus it is important that independent minds should offer impartial opinions to aid the parties in making informed decisions. It is in this context that our firm was commissioned by Tomes Limited (Tomes) to evaluate its standing in a leasehold agreement whether its posturing against the landlord is valid. The account was assigned to me for appropriate action. II. Factual Background The leasehold contract over an Old Victorian Townhouse was constituted on 1 April 1997 for a period of twenty five years where rent review shall be made at the end of the 5th, 10th and 15th y ears of the term provided that such intention is communicated to the tenant within the 5th, 10th and 15th years. The break clause option is available to either party provided that notice shall be given to the other party during the first six months of the 15th year. The leasehold states that the â€Å"tenant shall put and keep the premises in tenantable repair to include the decorations, wall-surfaces, window frames, glazing, and casements.† The Landlord and Tenant Act 1954 shall be applicable as no effort to exclude its operation was undertaken by the parties. Tomes assumed the lease three years ago and utilizes the demised premises as a book shop—an activity which is not prohibited by the user clause. Its peaceful occupation of the demised properly was interrupted when the landlord demanded that Tomes undertake repair on the cracks in the corners of and right across all the ceilings after a structural inspection revealed that cracking has been caused by flexion of fl oor joists induced by the load imposed by book shelves. The engineer who conducted the structural investigation concluded that the joists may not have been permanently damaged by the load but nonetheless recommends the installation of steel reinforcement of the joists in the floor voids along with load reduction as the upper floors are not particularly well suited to the demands of book storage. III. The Opposing Views The controversy escalated when the landlord insisted that the reinforcement works as recommended by the engineer should be executed by Tomes pursuant to the repairing covenant and its obligation to repair any damage to the demised premises caused by it. The landlord further argues that without the works, the premises cannot properly be used as a book shop. Tomes disagrees claiming that the repairing covenant covers only cosmetic facade and the installation of steel reinforcement cannot be characterized simply as a cosmetic enhancement but one that requires structural repair. Tomes further refuted the move of the landlord for rent review as the review was not timely initiated within the period specified in the leasehold thus estoppel set in. Tomes suspects that the persistence of the landlord to ascribe fault against it is brought about by his recent acquisition of the controlling share in Volumes Limited (Volumes for brevity), a specialist book-seller which needs new retail premises. It would appear that the landlord wants to get Tomes out of the way to install Volumes in the premises

Transforming Complaints into Commitments Essay Example | Topics and Well Written Essays - 1750 words

Transforming Complaints into Commitments - Essay Example I, therefore, came up with a plan that I believed would be the best solution. My plan was to call a Towing company whenever I found a car parked in my space. I was, however, concerned about my safety and that of my property. I assumed that if I call the towing company to tow people’s cars away, they might get angry and vandalize my car, especially because of the expensive tow bills. The people might also turn their anger on me. I developed a different way to deal with the issue. My solution was to talk to the apartment management to place a bigger sign telling people that the parking space was reserved. I noticed that some did not notice that it was a reserved parking space. I am also willing to politely tell people to stop parking on other people’s spaces whenever I see them. Course concepts used are values and assumptions. Values are my beliefs on what is right or wrong. My values guided my decision making since it made me think of solving the problem. I developed an improved way of dealing with the situation. Because of my values, that is, the other people should respect my rights, I thought of involving the towing company. My values influenced my assumptions for I thought of the effect the expense of towing a car would have on their owners. My values influenced my decision. I believe in what is right, but I also value peace. Towing the cars could solve the problem, but it could create another more serious problem. The people could get angry, and this could put my life in danger. They could even decide to vandalize my car. I, therefore, thought of more modest risk. This was communicating with the people to let them know about my parking space. This would yield almost the same results, but was a more modest way. I used assumptions to guide my decision making on a modest way to deal with the issue. I first thought of a solution which would work, which was to call a