Landlord and Tenant Law Essay Example | Topics and Well Written Essays - 2500 words

Landlord and Tenant Law - Essay Example In case the landlord opposes the request for renewal, then termination of such a tenancy must be done as is prescribed by the Act failure to which has negative consequences especially on the landlord (Freedman, Shapiro & Steele 2006). This paper discusses the remedies of addressing Spotted Dice Limited which has defaulted in the service charges and rent. It also outlines practicalities of exercising break clause in a lease as well as the procedure of ensuring a lease does not get a statutory protection. This is the first part of question one, which involves explaining the remedies to be taken in addressing the issue of forfeiture by Spotted Dice Limited. The FRI basis on which Spotted Dice Limited was granted the lease in Lansbury Towers is an abbreviation for Full Repairing and Insuring. FRI basis protects and relieves a landlord from incurring the costs of repairs and insurance and it is effected from the onset of a business tenancy. It therefore means that Spotted Dice Limited being granted the tenancy of the first floor of the Lansbury Towers is liable for all the costs of repair and insurance. This should be effective for the entire period of ten years the tenancy is granted. After failing to fulfill these obligations in the sixth year of lease, Spotted Dice Limited has breached the agreement made at the time of leasing. There are therefore two remedies to address the situation, which are possession claim remedy and damages for the breach of covenant remedy (City Law School 2014). Possession claim remedy is usually taken to regain the possession of the leased premise. Because Spotted Dice Limited has failed to remit this quarter’s rent, repossession of the premise allows for leasing to a new tenant. Similarly, damage for breach of covenant remedy applies where agreements in a contract have not been honoured. From the initial agreement, Spotted