Business/commercial law essay question and answers

Stanley leased his house at Highlands Gardens to Oliver. The lease agreement was signed both parties and the lease was to run for a period of two years.

Stanley has been having domestic problems with his wife. Recently, Stanley’s wife stormed into the premises lease to Oliver and threatened to evict him and his family if they did not vacate the leased premises. Oliver has not breached any of the terms of the lease agreement and is aggrieved.

Advise Oliver on his legal rights and the remedies available to him.
ANSWER
• This problem is based the rights of the lessee and duties of the lessor as well as the remedies available to either party for breach.

• It is evident that there is a tenancy agreement between Oliver and Stanley for 2 years which means that Oliver has exclusive possession of the house for the duration subject to the implied obligations of the lessee.

• Since Stanley’s wife is not privy to the lease agreement she has over stepped hermandate threatening to evict and storming the house.

• Oliver has reason to feel aggrieved as his right to quiet possession of the house has been violated.

• My advise to Oliver is to sue Stanley’s wife for an injuction to restrain her from interfering with the quiet enjoyment of the house.



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