UK Jurisprudence Case: Family Housing Association v Jones (1990)
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Questions and Answers

What was the main question that arose regarding individual B's status?

  • Whether he had the legal right to occupy the land
  • Whether he was a tenant at will or a licensee (correct)
  • Whether he was a co-owner of the property
  • Whether he was entitled to possessory title under the Limitation and Prescription Act
  • Based on Worrell J's ruling, what was B considered to be?

  • A licensee (correct)
  • A co-owner
  • A lessee
  • A tenant at will
  • How did Quan v Gonzales involve an agreement between the plaintiff and the defendant?

  • An option to purchase business premises (correct)
  • A joint ownership arrangement for land
  • A licensing agreement for software use
  • A lease agreement for residential property
  • What was provided in the agreement between the plaintiff and defendant in Quan v Gonzales to aid the plaintiff in making a decision?

    <p>An option to occupy and run a drug store on the premises</p> Signup and view all the answers

    What kind of arrangement characterized B's occupation of the land as per Worrell J?

    <p>A family arrangement</p> Signup and view all the answers

    What was one of the key terms specified in the agreement between the plaintiff and defendant in Quan v Gonzales?

    <p>$75,000 purchase price for the premises</p> Signup and view all the answers

    Why did the landlord cut off the tenant's electricity supply?

    <p>To force the tenant to leave the premises.</p> Signup and view all the answers

    What legal concept was cited by the Jamaican Court of Appeal in relation to the disconnection of electricity by the landlord?

    <p>Implied covenant for quiet enjoyment.</p> Signup and view all the answers

    Why did Fox JA dismiss the argument of two separate contracts between the landlord and tenant?

    <p>Electricity supply was an integral part of the rental agreement.</p> Signup and view all the answers

    How did Fox JA view the importance of electric current supply in relation to the rental agreement?

    <p>It was as crucial as other benefits associated with renting the premises.</p> Signup and view all the answers

    What argument did the landlord present in defense of disconnecting the electricity from the tenant's room?

    <p>There were two separate contracts in place.</p> Signup and view all the answers

    Why did the Jamaican Court of Appeal consider the electricity disconnection a breach of an implied covenant?

    <p>It interfered with the demised premises.</p> Signup and view all the answers

    What type of agreement did the association enter into with the appellant?

    <p>Licence agreement</p> Signup and view all the answers

    Why did the council refer the appellant to the association for accommodation?

    <p>To occupy a temporary flat</p> Signup and view all the answers

    What factor did not determine if an occupier had exclusive possession of the premises?

    <p>Retention of keys by the landlord</p> Signup and view all the answers

    What did the appellant refuse from the council in September 1986?

    <p>Possession of another flat</p> Signup and view all the answers

    What did clause 5 of the License agreement state regarding the appellant's possession rights?

    <p>She had no exclusive possession</p> Signup and view all the answers

    What did the Law Commission propose regarding this remedy in Law Commission Report No. 194 (1991)?

    <p>To abolish it</p> Signup and view all the answers

    In St. Vincent and the Grenadines, what condition must be explicitly stated in the lease agreement for the remedy to be available?

    <p>The remedy must be expressly written into the lease agreement</p> Signup and view all the answers

    What is the timeframe within which distress must be levied according to common law in Trinidad and Tobago?

    <p>6am - 6pm</p> Signup and view all the answers

    What is a key responsibility of the landlord regarding the state of the goods during distress?

    <p>To maintain the goods securely during impoundment</p> Signup and view all the answers

    Which of the following is NOT a limitation on distress as outlined in the text?

    <p>The landlord should not notify the tenant before distressing</p> Signup and view all the answers

    In jurisdictions where distress is allowed, who usually holds the authority to distrain for arrears?

    <p>A certified bailiff</p> Signup and view all the answers

    What does the option agreement constitute?

    <p>An irrevocable offer to buy</p> Signup and view all the answers

    According to Luckhoo P in the case Caribbean Asbestos Products Ltd v Lopez (1974), what does an option grant when given for value?

    <p>A right or privilege to call for the sale of the land</p> Signup and view all the answers

    What happens if the lessor revokes their offer before the specified time in the option clause?

    <p>Revocation is ineffectual and a contract is still formed if the option is exercised</p> Signup and view all the answers

    In the context of an option agreement, what is meant by exercising the option?

    <p>Accepting the offer and agreeing to purchase the land</p> Signup and view all the answers

    What could potentially happen if a lessor deals with the land in a way inconsistent with the right of the optionee to purchase it?

    <p>The lessor may be in breach of their agreement</p> Signup and view all the answers

    What effect does accepting an option within the specified time have?

    <p>Forms a contract of sale</p> Signup and view all the answers

    Study Notes

    Tenancy at Will vs. Licensee

    • B was held to be a licensee, not a tenant at will, by Worrell J in a Barbados case, as his occupation of the land was based on a family arrangement.
    • The distinction between a tenancy at will and a license is significant, as only a tenancy at will can lead to a possessory title under s 8 of the Limitation and Prescription Act, Cap 232, Laws of Barbados.

    Quan v Gonzales (1966-69)

    • The plaintiff was granted an option to purchase business premises for $75,000, payable by monthly installments, and was allowed to occupy the premises during the 5-year option period.
    • The occupation was considered a license, not a tenancy, and the plaintiff did not acquire a possessory title.

    Breach of Covenant for Quiet Enjoyment

    • In a Jamaican case, the landlord's action of disconnecting the electricity supply was held to be a breach of the implied covenant for quiet enjoyment, despite being done off the premises.
    • The court found that the parties had bargained on the footing that electric current should come into the premises, and this became a benefit incidental to the rental of the premises.

    Family Housing Association v Jones (1990)

    • The appellant was granted a license to occupy a two-roomed flat in exchange for an accommodation charge, but did not have exclusive possession of the premises.
    • The association retained keys to the premises and could inspect the state of repair, which did not necessarily determine whether the agreement was a tenancy or a license.

    Limitations on Distress

    • Distress is a remedy available in some jurisdictions, subject to statutory provisions, which allows a landlord to seize and sell a tenant's goods to recover arrears.
    • Limitations on distress include:
      • The type of goods that can be levied (e.g., not perishable goods, tools of trade, or goods in use)
      • The timing of distress (e.g., between sunrise and sunset, or on Sundays)
      • Notification of the tenant and adherence to proper procedure
      • The landlord's liability for the state of the goods and the requirement for secure impoundment

    Option to Renew a Lease

    • An option to renew a lease constitutes an irrevocable offer to sell and binds the lessor to not deal with the land in any way inconsistent with the optionee's right to purchase the land.
    • If the option is accepted within the specified time, a contract of sale is made.

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    Description

    Explore a case involving an appellant who applied for housing as a homeless person and entered into an agreement with an association. Learn about the legal aspects and outcomes of the case.

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