Assignment Of The Week: Property Rights And Landlord-Tenant Law

The social, political, and economic climate all over the world has been hugely affected by the COVID-19 pandemic, creating all sorts of issues and disputes in different sectors. Every bracket of modern society has been impacted in one way or another since the pandemic's emergence in 2020. The legal strata are one such sector that has been riddled with new disputes and ethical dilemmas.

Property Rights And Landlord-Tenant Law is one relationship of legal nature that has seen direct interference from the government guidelines about the pandemic. One such case was witnessed at 25, 27 York Street, Sydney where Pinky Blinders Pty. Ltd., a footwear and handbag retailer had been leasing the property. Gorgeous Properties Pty Ltd and Gorgeous Investments Pty Ltd were the Premises' owners and lessors.

With Pinky Blinders as a client, academic experts at Sample Assignment were tasked to provide the lessee with legal advice by citing the relevant laws and regulations that have been put in place by the Australian government.

Let us discuss the various parameters of the case and the assignment prepared by our academic writers on the given matter.

Property Rights And Landlord-Tenant Law: The Assignment Question

Before moving on to the assignment writing process for this particular paper, we will first comprehend the question carefully by analyzing the dispute and discussing the applicable laws.

Mentioned below are the clauses that are lawfully established when the property is leased to the lessee. These have been put into place to avoid any misconduct or defaulting on the part of both parties.

Clauses Applicable For The Lease

For this Property Rights and Landlord Tenant Law assignment case study, we will consider the following clauses.

• Clause 3.1 The Lessee should pay rent to the Leaseholders in advance in equal monthly instalments until the expiry of the Lease, without deduction.
• Clause 3.8 The Lessee must pay interest on any sums that are not paid within 14 days of the due date.
• Clause 12.1 The Leaseholders have the entitlement of re-entry if the Rent or any other money payable under the Lease is not paid within 14 days of the due date. If the Lessors exercise such a right of re-entry, they may re-enter the Premises and determine the Lease without absolving the Lessees of liability for any breach or non-observance of any of the Lessee's rental covenants.
• Clause 15.2 The Lessee is required to restore the Premises to their original condition before the expiration or earlier termination of the Lease at its own expense. The Lessee is expected to complete the reinstatement of the Establishment within a given timeframe and to compensate an occupation fee equal to the Rent until the reinstatement is concluded.'

The Dispute

However, shortly into the contract, Pinky Blinders had started being delinquent in payment and had further defaults after the pandemic hit. They had even vacated and abandoned the premises without any prior notice to the lessor. This pushed the lessers to propose immediate termination of the lease on the grounds of clause 12.1. 

On June 15, 2021, the lawyers operating for PB claimed that the Lessors' notice and revocation of the Lease were illegitimate and of no implication. According to the letter, PB's "business has been critically impacted by the pandemic and has faced a recession of at least 43% compared to the same trading period last year." The letter claimed to invoke PB's privileges under the COVID-19 Regulation and to claim rent relaxation under the Lease.

Pinky Blinders (PB) has now sought legal advice from our academic experts in the form of a legal report. The request for advice is in a three-part question which is as follows:

• Is it authorized to issue an order for relief from disgorgement of the Lease? Your response must address what additional evidence (if any) you would need to follow in order to provide this advice, as well as why these findings are important.
• If so, what terms would PB have to offer in order for the Supreme Court of New South Wales to grant that order?
• Is it eligible for rent relief under the COVID-19 Regulation?

Property Rights And Landlord-Tenant Law: Approaching The Assignment

Before starting the assignment, we had to be aware of the ethical and legal implications of this particular circumstance. Let's talk about the approach and methods employed to offer advice to PB.

The primary method used to determine the nature of the advice is the IRAC method. IRAC is an acronym that stands for the legal analysis structure "Issue, Rule, Application, Conclusion." A useful paper pursues some variation of the IRAC framework, which is organized around an "issue," a "rule," a "application," and a "conclusion" for every problem and sub-issue recognized as a legal matter.

To assess this particular situation, the relevant law selected was the Covid-19 Legislation Amendment Measures Act 1970 and Other Commercial Leases. The applied legislation was Section 87 of the Covid-19 Amendment Measures Act And Section 7 of the Retail and other Commercial Leases.

As per the IRAC method, it was concluded that Pinky Blinders are entitled to relief from seizure of property, as well as relaxation under section 19 of the Code of Civil Procedure.

Solution File

Attached below is the solution file written by our experts:

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