Sam and Tom rented a three bed roomed house under a lease agreement. This means there was a contract between tenants and the owner of the house. The lease agreement contains the terms of agreement between the tenants and it stipulates what the landlord is to do and what the tenants are to do. Under the contract of Tenancy tenants are supposed to enjoy quite enjoyment of the property they have rented and it is the work of the land lords to ensure that this is attained.
To be able to have quite enjoyment of property the house must be of the quality stipulated in the lease agreement.
The leaking of the roof means that there is no quiet enjoyment of the property and the two should require the landlord to repair the building. The repairs were carried out successfully and they enjoyed the services. This means the landlord did what is stipulated. Unfortunately, another problem came up the problem o the furnace which led to the pipes tofreeze and the warmer or the furnace was not repaired.
Depending on the terms of the lease it is prudent to advise the tenants to sue for specific performance of the contact. If it is part of the land lords duty to repair the furnace and the pipes they will request the landlord to do repairs even if there is no winter and if he fails to perform they will have no option but to sue for specific performance.
In specific performance body parts are under an obligation to fulfill part of their contract and in this case the land lord is obliged by the lease to perform specific acts.
That is repairing the building. Unless the land lord was stopped by some factors such as the freezing of the pipes which made it impossible for repairs to continue in this case the tenants will not be able to sue because something occurred that frustrated the efforts of the landlord.
In a similar instance, Taylor v Caldwell where a music hall was destroyed by fire and the owner was unable to fulfill part of the contract it was held that in contract in which performance depends upon a specific thing or a condition and it becomes impossible for the other party to fulfill part of his contract. Its an excuse performance. But in this case it will not excuse specific performance since the natural event occurred for a short while therefore the contract of repairs will be able to carry on.
In My opinion I will advise the two gentlemen to request the landlord to carry out all the necessary repairs available in the lease agreement before another comes in. if he fails the option of going to court for specific performance and recovery of damages that will accrue from the acts of the landlord of failure of landlord. Specific performance will succeed since it is an equitable remedy for both the land lord and the tenants.
If the tenants fail to carry out the acts as stipulated then he may also find himself paying damages in lieu of damages. The statement by the land lord that the work is supposed to be carried out by the agent does not hold water since the tenants did not enter any agreement with the agent. The agent always works under the instructions of the tenants.
The rights of the tenants
Tenants have various rights in relation to the lease agreement. Tenants have a right of quite enjoyment of the premises this cannot be taken away by failures of the land lord therefore in order for them to enjoy the landlord must repair the building. Secondly, the tenants have a right to recover the price they have paid for the house and sue for damages if any damages are incurred on failures of the landlord.
It goes without saying that tenants have a right of specific performance if services obtained do not match with the specification in the lease. The remedy is discretionally and will be only granted if the house occupied was of special or unique to the tenants.
The tenants have a right to sue for breach of warranty and warranty and will be able to recover the damages. This is possible if the tenancy deed provided for those conditions that have been fulfilled. They have also a right to move out of the premises if the landlord fails to respond. In the business of tenancy it is the duty of the landlord to offer good services to the tenants.
Hussain A. (2003); General Principles Law and Commercial Law.
Jordans Cases and materials in Company law, L C Sealy, Butterworths Heinemann
Lowry, J., Dignam, A. and Padfield, (2004) Company Law, Butterworths
Slorach, J.S. and Ellis, J. (2006) Business Law LPC Guide Oxford OUP