fundamental law - The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a...

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fundamental law - The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a caravan park and provides both short term leases and long term leases of on-site caravans.
	
Document Preview: The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a caravan park and provides both short term leases and long term leases of on-site caravans. While Angelo has had no problems leasing on-site caravans for a month or two at a time, he is having difficulties finding people who wish to lease an on-site caravan for a period of 12 months or longer.Angelo leases an on-site caravan to Christie at a weekly rental of $150 for a period of a year. After the expiry of the year, Angelo tells Christie that he needs to increase the weekly rental by $50. Christie tells Angelo she does not think she can afford the increase, and that she has heard of a caravan in another caravan park which may be available for $170 per week. Angelo says to Christie, “I will see what I can do”.The lease between Angelo and Christie is renegotiated for a further 12 months, but the rent is increased to $200 per week. Angelo, however, enters a verbal agreement with Christie that he will accept $175 per week, and this is the amount Christie pays.Ever since Christie arrived, she has had a number of loud parties and the tenants in the neighbouring caravans have often complained about the noise. Although Angelo has ignored these complaints for some months, the sheer number he has received has finally forced him to act. Angelo serves a notice on Christie claiming arrears in rent; the difference between the amount stated in the lease ($200 per week) and the amount she had been paying as a result of her oral agreement with Angelo.Required: Discuss whether Christie is required to pay the arrears in rent claimed by Angelo. Refer to relevant legal principles and case law in your answer.			(15 marks)Ali is one of those who complains. He also signed up for a 12 month period after Christie had been there for around 10 months. Before he signed the lease, he explains to Angelo that he and his family were recent immigrants to Australia from a war zone. He needs somewhere quiet for...

Robert · Accepted Answer

Fundamental Law
RUNNING HEAD: Fundamental Law 
Fundamental law      1
Fundamental Law
Name
Institution
Fundamental Law
Introduction
Every state sets its laws regarding apartment leasing to avoid cases where unfair practices or acts may be involved during leasing. Apartment lease laws are the laws that one has to be familiar with before leasing property since it contains some law requirements that has to be adhered to at all times to ensure that equality is exercised. The requirement of the law has to be available within ones property lease (Bridgers, 2009).
 Leasehold transactions are not considered as a subject of challenge using the unfair contract terms. They are however considered a subject of challenge through the utilization of unfair terms in consumer contracts regulation. Residential tenancy obligations, which tend to favor in a harsh manner, the landlord, are considered unfair under the basis of good faith. Other leasehold provisions such as those meant to deal with noise are considered invalid who may only require an individual to file for damages (Michałowska, 2011).  
Whether Christie is Supposed to Pay the Rent Arrears
Christie should not pay the rent arrears claimed by Angelo as this is against the lease laws the reason behind this is that a security deposit is usually first provided before an individual moves into an apartment according to an oral agreement. Within 30 days, a landlord is expected to provide a list of the expenses that the tenant owes the landlord and the balances remaining from the deposit is provided within this period. Requiring Christie to pay the extra amount means that the landlord will be involved in the act of breaching the contract.
Legal Issue
The legal issue within this situation is unlawful eviction and the fact that the landlord wanted to charge Christie above the agreed rates of leasing.
Legal Principles and Cases of Relevance
The legal principles within this context are the fact that the landlord is expected to issue the tenant a 30 days’ notice before being evicted. In addition to this, the landlord was evicting Christie before the end of the lease period. This situation is also evident within the case (Hunt v. Hussein, Epsom County Court). Within this case, it is evident that Hussein who was on the wrong for charging amounts greater than that agreed upon in the lease contract and evicting Mr. Hunt before the end of the lease period. 
Hunt is known to have had a hard time living in a place, which was unbearable for a period of three months. This took place after he had been evicted from his previous house rented to him by Hussein. Before his eviction,

fundamental law - The Business SchoolDue Date: Friday, noon, of Week 8Angelo is the owner of a caravan park and provides both short term leases and long term leases of on-site caravans. Document...

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