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Relevant bibliographies by topics / Ontario. Landlord and Tenant Act

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Academic literature on the topic 'Ontario. Landlord and Tenant Act'

Author: Grafiati

Published: 4 June 2021

Last updated: 9 February 2022

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Journal articles on the topic "Ontario. Landlord and Tenant Act"

1

Bryks, Sam. "Analysis of 44 Cases before the Landlord and Tenant Board Involving Bed Bug Infestations in Ontario, Canada: Focus on Adjudicator Decisions Based on Entomological/Pest Management Evidence and Accountability under the Residential Tenancy Act and Other Applicable Legislation." Insects 2, no. 3 (July 19, 2011): 343–53. http://dx.doi.org/10.3390/insects2030343.

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Krent, Mollie. "Remediating Racism for Rent: A Landlord’s Obligation Under the FHA." Michigan Law Review, no. 119.8 (2021): 1757. http://dx.doi.org/10.36644/mlr.119.8.remediating.

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The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I illustrates how the purpose and text of the FHA and analogous civil rights provisions suggest that a landlord should be held liable for her response to tenant-on-tenant harassment. Part II analyzes the standards of liability for tenant-on-tenant harassment that currently exist in the context of the FHA. Part III argues that a negligence standard of liability best accounts for the special status of the home and the unique nature of the landlord-tenant relationship.

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Waterson, Geoffrey. "The Landlord and Tenant (Covenants) Act 1995." Property Management 14, no. 2 (June 1996): 35–39. http://dx.doi.org/10.1108/02637479610115530.

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Haley, Michael. "Business tenancies and interventionism: the relegation of policy?" Legal Studies 13, no. 2 (July 1993): 225–40. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00482.x.

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Part II of the Landlord and Tenant Act 1954 is a measure of protective legislation that concerns purely commercial relationships and it is apparent that the degree of protection, and the need to redress inequality, is less than, say, with the housing market. The Act represents an unusual and complex measure of political and economic engineering. By an interference with the parties' freedom of contract, the policy of the Act is to provide security of tenure and to promote equality ofbargaining strength between commercial landlord and tenant. The aim was to prevent a tenant at the end of the contractual term facing business closure or being compelled to accept a new lease at an exorbitant rent. Although a derogation from the common law rights of the landlord, the Act was intended to make only limited inroads on the free market. In contrast to such areas as employment law and residential lettings, the transition from contract to status was to occur with a minimal disruption of market forces.

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Haley, Michael. "SECTION 30(1)(g) OF THE LANDLORD AND TENANT ACT 1954: THE UNJUST RELEGATION OF RENEWAL RIGHTS." Cambridge Law Journal 71, no. 1 (March 2012): 118–46. http://dx.doi.org/10.1017/s0008197312000220.

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AbstractPart II of the Landlord and Tenant Act 1954 regulates the renewal of business tenancies. Within highly technical confines, it promotes the continuation of the tenant's business and addresses the risk of tenant exploitation. Nevertheless, it is argued that section 30(1)(g) unnecessarily prioritises the occupation needs of the landlord over the tenant's renewal rights and without imposing effective procedural safeguards. Although compensation for loss of renewal rights may be available, the award disregards any loss of established goodwill. This inadequacy of compensation undermines the anti-profiteering ethos of the Act and contravenes Article 1 of the European Convention on Human Rights.

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Haley, Michael. "The statutory regulation of business tenancies: private property, public interest and political compromise." Legal Studies 19, no. 2 (June 1999): 207–28. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00092.x.

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The need for the statutory regulation of business tenancies was officially recognised towards the end of the nineteenth century. The mischief complained of was that some landlords held their tenants to ransom by demanding an inflated rent as a condition of a lease renewal. This was particularly harsh for the tenant who had built up business goodwill and carried out improvements to the premises. Despite the organisation of commercial tenants and the growth of political lobbying, it was not until Landlord and Tenant Act 1927 that controls emerged which provided compensation for loss of goodwill and improvements. The inadequacy of these provisions, however, entailed that tenant discontent and lobbying persisted until the enactment of the Landlord and Tenant Act 1954. This paper charts the social and political change which brought about this significant retreat from market forces and the gradual recognition that security of tenure, as opposed to financial safeguards, was the necessary response. The controls established in 1954 have, remarkably, survived almost intact and, subject to some fine tuning, will continue to do so. This paper addresses the issue why the commercial code has, in marked distinction to its residential and agricultural counterparts, remained immune to shifts in political policy during a sustained period of deregulation in landlord and tenant law.

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Dowden, Malcolm John. "Landlord and Tenant Act 1954: time for a change?" Journal of Property Investment & Finance 33, no. 1 (February 2, 2015): 107–12. http://dx.doi.org/10.1108/jpif-12-2014-0071.

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Purpose – This legal update examines recent decisions on the security of tenure given by Landlord and Tenant Act 1954 to business tenants, and asks whether it is time to revisit or remove a piece of legislation that was drafted to deal with the consequences of war damage and short supply of commercial premises during the 1950s. It highlights the narrow, technical rules and distinctions that make little sense to commercial parties. The paper aims to discuss these issues. Design/methodology/approach – The paper considers recent court rulings in the light of the original purpose of the Landlord and Tenant Act 1954, focusing on provisions that were reformed in 1969-reflect changes in market conditions since the immediate post-Second World War period. Findings – Narrow, technical rules and exceptions carry considerable risks for commercial landlords and may not be appropriate or necessary in current market conditions. Research limitations/implications – The paper examines only a recent selection of court rulings, but highlights the potentially harsh impact on commercial landlords of legislation designed to protect tenant interests in market conditions radically different from those prevailing some 60 years after its enactment. Practical implications – With no immediate prospect of reform, the paper highlights the need for landlords to adhere closely to the precise technical requirements of the Act. Originality/value – The paper is based on the author’s reading and analysis of recent Court of Appeal rulings.

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COSGROVE, PATRICK. "THE CONTROVERSY AND CONSEQUENCES OF JOHN REDMOND'S ESTATE SALE UNDER THE WYNDHAM LAND ACT, 1903." Historical Journal 55, no. 1 (February 10, 2012): 75–96. http://dx.doi.org/10.1017/s0018246x11000550.

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ABSTRACTThis article examines the controversy surrounding the sale of John Redmond's estate under the Wyndham Land Act of 1903, its impact on Redmond's political career, and divisions within Irish nationalism. As chairman of the Irish Parliamentary Party, Redmond automatically assumed the mantle of spokesman for nationalist tenant farmers. However, after inheriting his uncle's estate in 1902, his political responsibilities as a tenant representative and his personal position as a landlord were set on a collision course. Although now a landlord he chose to attend the 1902–3 Land Conference, whose report heavily influenced the Wyndham Act, as the chief tenant representative. After accepting an offer by some of his tenants to purchase their holdings just prior to the commencement of the new act, many nationalists felt that the terms were exorbitant and Redmond was castigated for setting a precedent for landlords to follow. Even though the estate was eventually sold at a lower price, allegations that Redmond had extracted an excessive price from his own tenants and doubts about his trustworthiness as a tenant representative were slow to disappear. Against this backdrop, this article offers a fresh perspective on John Redmond's political career, post-1900.

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Smith, Richard E. "Avoiding Part II of the Landlord and Tenant Act 1954." Property Management 14, no. 2 (June 1996): 29–34. http://dx.doi.org/10.1108/02637479610115521.

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Hayward, Mark. "Exclusive possession or the intention of the parties? The relation of landlord and tenant in Northern Ireland." Northern Ireland Legal Quarterly 68, no. 2 (August 9, 2017): 202–23. http://dx.doi.org/10.53386/nilq.v68i2.35.

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The seminal House of Lords judgment in Street v Mountford established that the test for distinguishing between a lease and a licence is whether the occupant has been granted exclusive possession of the premises. The test is objective: the relation of landlord and tenant exists where exclusive possession has been granted, regardless of the intention of the parties. However, this stands at odds with the law in both parts of Ireland, where s 3 of Deasy's Act states that the relation of landlord and tenant 'shall be deemed to be founded on the . . . contract of the parties'. This article analyses the historical background that led to Deasy's Act, surveys contemporary case law in both parts of Ireland on leases vs licences and argues that the law in this area in Northern Ireland differs from that in England and Wales.

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Dissertations / Theses on the topic "Ontario. Landlord and Tenant Act"

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Dowling, James Alan. "The Landlord and Tenant Law Amendment Act (Ireland) 1860." Thesis, Queen's University Belfast, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.289437.

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Roy, Shawn. "An Assessment of LEED Certification's Impact on Net Rental Rates for Commercial Office Space in Toronto, Ontario." Thèse, Université d'Ottawa / University of Ottawa, 2011. http://hdl.handle.net/10393/20136.

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With issues such as energy crises, climate change and environmental degradation becoming evermore prevalent on national and international levels, industrialized societies are beginning to take heed of the impact they are having on the natural environment and we are beginning to see movements towards socially and environmentally responsible decision-making. With the impact that buildings have on the environment, it is important to understand what barriers are preventing or slowing investment in socially and environmentally responsible property. The present study was conducted to determine whether LEED certification has a significant impact on the market value of office buildings in Toronto, Ontario – value determined by the average net asking rent for each building. For some 68 subject and control buildings, we matched information on the net asking rent for 16 LEED certified (subject) buildings to 52 otherwise comparable properties (control buildings). Using ordinary least squares (OLS) analysis, we looked to find what relationship exists between net asking rent and the LEED label. Controlling for other variables historically shown to have an impact on property value, we expected the results of this study to determine whether there is a business case for LEED certification in the downtown Toronto office market. The results of the study have shown that LEED certification has had no impact on the market value of the sample of office buildings in Toronto. This is a surprising result, given the growth in the number of LEED buildings in Canada, but interviews with three senior executives in the industry have helped to provide insight into this trend. It seems that with time LEED will likely have an impact in this market, but it hasn‘t arrived yet.

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Klos, Tamara Amy. "The recognition and protection of the interest of landlords within the framework of the rental housing act 50 of 1999." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1171.

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This dissertation analyses the South African Rental Housing Act 50 of 1999 ("the RHA") with the aim of determining whether the RHA sufficiently protects the landlords‘ rights and interests as opposed to those of tenants (which it does indeed safeguard). Due to the current saturation of rental property in South Africa, landlords are no longer in an advantageous a position as before. In fact, the RHA was introduced to redress the imbalance caused by discrimination against tenants. However, times have changed. The researcher submits that the RHA needs to be re-examined in light perception of the landlord as a consumer. Having regard to both common and foreign law, the researcher identified the following four fundamental legal and practical rights on the part of the landlord: the right to freely contract; the right to safeguard financial interests; the right to safeguard proprietary interests; and the right to evict a defaulting tenant. The research reveals that the RHA does not give adequate recognition to these fundamental legal rights, and accordingly does not sufficiently protect the landlord as a consumer. In total nineteen recommendations how the RHA can adequately recognize and protect the landlord‘s interests are made.

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Mohamed, Sayed Iqbal. "Rights and obligations of landlord and tenant : a study in the light of Shari'ah (Islamic law) and the South African rental housing act." Thesis, 2001. http://hdl.handle.net/10413/6795.

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Tenants represent a marginalised group in South Africa, with land and housing, and particularly rental accommodation in great demand. Renting is a viable option for certain tenants but in the absence of the provision of rental housing, tenants are trapped in a "feudal" system of tenant-landlord relationship. The importance of this study stems from the fact that there appears to be violations of tenants' rights and that the obligations of both tenant and landlord from a Shari-ah perspective have either been overlooked or ignored completely thus far. This study examines the hardships faced by tenants specifically in privately owned residential accommodation in Durban and other major South African cities. It aims to critically examine Islamic perspective on housing and land tenure and guidelines that govern tenant-landlord relationship in respect of residential rental accommodation. It also looks at the South African development of land and housing policy, legislation, the provision of public and rental housing and tenure and tenant-landlord relationship. It examines the historical development of such a relationship in the west and the development of rent legislation in South Africa and the most recent legislation, the Rental Housing Act 50 of 1999. This study sought responses from recognised, well-established Muslim organisations in South Africa to a questionnaire dealing specifically with residential rental accommodation and general information on a range of tenant-landlord related matters. It is hoped that their response that are analysed and discussed would contribute to a better tenant-landlord "culture". The overall findings of this study into the Islamic and South African perspective on tenant-landlord relationship have implications for policy makers, Islamic scholars, NGOs and a whole range of stakeholders, locally as well as internationally. In the light of this study, suggestions are made to stimulate further research on some of the pertinent issues addressed.
Thesis (M.A.)-University of Durban-Westville, 2001.

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Matsoso, Tsepiso Dominica. "Evaluating the influence of institutional rental housing policy on consumer choice in Johannesburg based on middle-income tenants and the Rental Housing Act." Thesis, 2014. http://hdl.handle.net/10539/15500.

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A research report submitted to the Department of Town and Regional Planning, School of Architecture and Planning, Faculty of Engineering and the Built Environment, University of the Witwatersrand in partial fulfilment for the Degree of Master of Science in Housing
The influence of institutional rental housing policy (IRHP) on consumer choice in Johannesburg was evaluated through interviews with middle-income tenants and caretakers in Legae Gardens and JOSHCO Complex Two residences in reference to the Rental Act. Housing officials in Johannesburg Housing Company, Johannesburg Social Housing Company and Provincial Department of Housing were also interviewed. Primary data gained from interviews and observation of the residences and their surroundings was analysed based on Howard-Sheth and trade-off models of consumer choice and residential location respectively, with qualitativecomparative case study as the main research method. The IRHP has been translated into regeneration projects (institutional rentals (IRs) and infrastructure upgrading) and executed through planning principles such as mixed-use and neighbourhood safety based on national development goals (integration and sustainability). As affordable and quality IRs have been developed in preferable locations, this optimises consumer choice opportunities in terms of affordability, quality and location.

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Books on the topic "Ontario. Landlord and Tenant Act"

1

Bentley, Christopher A. W. The annotated Ontario landlord & tenant statutes. Toronto, Ont: Carswell, 1986.

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2

John, Dickie, ed. Working with the Tenant Protection Act. Toronto: E. Montgomery, 2000.

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Legislature, Ontario. Tenant Protection Act: Office consolidation : Statustes of Ontario. Toronto: Queen's Printer, 1997.

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Tribunal, Ontario Rental Housing. The Tenant Protection Act: A guide. Toronto: Queen's Printer for Ontario, 1998.

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Ontario landlord & tenant legislation. Aurora: Canada Law Book, 2015.

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Landlord/tenant rights in Ontario. North Vancouver, BC: International Self-Counsel Press, 1998.

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McInnes, Ronald W. Landlord/tenant rights in Ontario. 6th ed. Vancouver: International Self-Counsel Press, 1986.

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Landlord/tenant rights in Ontario. North Vancouver, B.C: Self-Counsel Press, 1994.

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Landlord/tenant rights in Ontario. 8th ed. North Vancouver, B.C: Self-Counsel Press, 1990.

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Landlord/tenant rights in Ontario. 7th ed. Vancouver: Self-Counsel Press, 1988.

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Book chapters on the topic "Ontario. Landlord and Tenant Act"

1

Luther, Peter, and Alan Moran. "Landlord and Tenant Act 1954 (1954, c. 56)." In Core Statutes on Property Law, 123–37. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_12.

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Luther, Peter, and Alan Moran. "Landlord and Tenant Act 1985 (1985, c. 70)." In Core Statutes on Property Law, 191–94. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_31.

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Luther, Peter, and Alan Moran. "Landlord and Tenant Act 1988 (1988, c. 26)." In Core Statutes on Property Law, 200–202. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_33.

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Luther, Peter, and Alan Moran. "Landlord and Tenant Act 1927 (1927, c. 36)." In Core Statutes on Property Law, 117–19. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_9.

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Luther, Peter, and Alan Moran. "Landlord and Tenant (Covenants) Act 1995 (1995, c. 30)." In Core Statutes on Property Law, 208–21. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_36.

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Freedman, Philip, and Eric F. Shapiro. "Basic Operation of the Landlord and Tenant Act 1954 in Outline." In Commercial Lease Renewals, 1–3. London: Macmillan Education UK, 1994. http://dx.doi.org/10.1007/978-1-349-13335-2_1.

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"Landlord and Tenant Act 1985." In Housing Law:Text Cases & Mats, 58–61. Routledge-Cavendish, 1996. http://dx.doi.org/10.4324/9781843142751-6.

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"Rent Act tenancies." In A Guide to Landlord and Tenant Law, edited by Emily Walsh, 207–27. New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.1201/9781315528250-17.

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"Reversion Subletting Landlord and Tenant Act 1927." In Housing Law:Text Cases & Mats, 52–53. Routledge-Cavendish, 1996. http://dx.doi.org/10.4324/9781843142751-3.

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"AGRICULTURAL TENANCIES ACT 1995." In Principles of Landlord & Tenant 2/e, 383–92. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843140344-30.

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