Land Lord and Tenant

920 Words4 Pages
LANDLORD AND TENANT – CREATION OF LEASE QUESTION 1 By an agreement in writing made in 2008, Sello agreed to lease his house to Beryl for 10 years at an annual rent of $36,000 payable in advance. It was agreed that the term should commence on January 1, 2009 and on that day beryl moved into possession paying to Sello the sum of $3,000. Thereafter, Sello accepted the sum of $3,000 at the beginning of each month. On August 30, 2012 Sello payment of the balance. On August 31, 2005 Sello served a notice to quit and deliver up possession of the premises on or before December 31, 2012. This scenario raises the issues of the legal formalities necessary to create a valid lease, and the effects of non-compliance of these formalities on the parties involved. 1. Whether Sello and Beryl had entered into a valid lease? The law governing the creation of leases in Trinidad and Tobago is found in section 3 of the Conveyancing and Law of Property Ordinance, Chap 27. No.16. The section stipulates that a lease for a term exceeding three years must be made by deed and duly registered.-Metcalfe v Edghill and Kushner v Law Society. This section also stipulates that any agreement in writing to lease property shall be valid and take effect as an agreement to execute a lease, and the nature of the tenancy of a person who is in possession of such a property will be construed from the payment of rent or other circumstances. On the facts the lease that Sello and Beryl have entered into is void because it fails to meet the statutory requirements for a lease for a period of more than three years as stipulated in section 3, Chap 27. No.16. However, by that same section, the agreement in writing between the two parties takes effect as an “agreement to execute a lease”, and Beryl having entered into possession under the terms and conditions of the agreement became a yearly

More about Land Lord and Tenant

Open Document