CHAPTER ONE

1.0     INTRODUCTION:

          Admassiey. (1995), The purpose of this
article is to analysze the impact of a landlord and tenant ordinance (LTTO) on
property values, using time series data for the city of Evanston, Illinois,
where the ordinance has been enacted since 1975. The empirical data analysis,
which includes a trend analysis of heroin price indices for both rental and
owner-occupied property has shown that L.T.O is not likely to significantly
affect HOUSING VALUES. Those remedies provided in the landlord and tenant
ordinance are not likely to be radical departures from the current practices
such as housing / building code, and can therefore not be expected to affect
housing values substantly.

          This research was supported by a grant
from the office if Real Estate Research at the university of Illinois.
We acknowledge helpful comments from professor peter colwell, and the good
research assistance of Theresa Cherniak and Michael Duncan.

          Acting in landlord and tenant malters
for commercial owners or occupiers requires knowledge of legislation (such as
the landlord and tenant Act 1954) and case law as well as and understanding
other commercial property.

JH
Walter has a rich supply of comparable evidence on which to draw to establish a
verifiable basis for rent review or lease renewal backed by the experience of
our surveyors whi are also active agents in the market place. Brought together
with technical and legal data, this make us well placed to negotiate the best
deal for our clients whatever the market conditions while giving realistic
advice about the possible outcome of dispute resolution.

          Restructuring of lease can prove an
attractive proposition for both landlord and tenant. We offer advice to ensure
that clients pay and receive compensation at appropriate levels to reflect
changing rental income, lease term and capital value. At lease expiry, both
owners and occupiers seek our support in dilapidations claims. (Dilapidation:
the extent to which the property falls short of the repairing obligations of
lease). We negotiate claims including guidance on the distinction between
repair and improvement and the limit of tenant liability on claims where
diminution in value (Lost Value) is less than the cost of repair. We advised in
rent review of a prominent shop in an unusual retail pitch but one attractive
to specialist retailers. Gathering evidence form nearby lettings and other
reviews, we helped our client understanding the opportunities and argument
possible including adjustments for location, return frontage, unusual layout
and repairing obligation beyond matters of value, we gave guidance on required
notices and issues of timing in connection with other rights and obligations in
the lease.

HISTORY

The
landlord and tenant relationship is defined by existence of a leasehold estate.

i      Traditionally,
the only, obligation of the landlord in the united states was to grant the
estate to the tenant.

ii     Although
in England and Wales,
it has been clear since 1829 that a landlord must put a tenant into possession.

iii    Modern
landlord – tenant law includes a number of other rights and duties have been
codified in the uniform presidential landlord and tenant Act.

1.2           
STATEMENT
OF PROBLEM

1)      An
essential ingredient in the achievement of the objective of landlord and tenant
in entering into contract is cordial relationship although the interest of the
parties are not mutually exclusive, conflict in the relationship can prevent
landlord from earning a fair returns on his investment in the property just as
the desire of the tenant to derive maximum utility from occupation will also
suffer defeat, the society will be worse of it.

2)      Therefore
to give opportunity to all ranks of interests associate with the particular
property to be exercised without friction the lease sets landlord and tenant.

3)      The
landlord nor the tenant meets his obligations under the lease because with the
steady fall in the real value of his income the tenant finds it difficult to
pay his rent promptly or sufficiently of utility bills. The obvious consequence
is conflict in relationship between landlord and tenant.

1.3 AIM AND OBJECTIVES

The
main aim of this study is to proffer resolution of conflict which has being in
existence between landlord and tenant relationship.

1.
To ascertain causes of conflict in landlord and tenant relationship.

2.
Identify methods adopted in resolution of these conflicts

3.
Identify and recommend ways of improving resolution of conflicts

in
landlord and tenant relationship.

1.4 RESEARCH QUESTIONS

This
study was undertaking to address the following research question.

1.
What constitute a landlord and tenant?

2.
What are the causes of conflict in landlord and tenant relationship?

3.
What art h method to b adopted in conflict resolution.

1.5     SIGNIFICANC OF TH STUDY

       i.           
Certificate or other document relating
to any land, lease, or change.

    ii.           
Summon any person to appear before him
and give information relating to any land, lease, or change in question.

 iii.           
Refuse an application for registration
where any instrument, certificate plan or other document has not been produced
pursuant to paragraph or where an act required by the Registrar to be performed
has not been performed

 iv.           
Administer Oaths or affirmations.

    v.           
Require that any proceedings,
information or explanation be conducted or given on Oath, as the case may be.

1.6     SCOPE OF THE STUDY

After
the coming into force of this act, land a lease or a charge registered under
this Act may not be disposed off, except in accordance with this Act, and nay
disposition, except under this Act for the purpose of creating, transferring,
varying or affecting any estate, right or interest in any land, lease or charge
is of no effect.

Nothing
in section 40 shall be construed as preventing an unregistered instrument form
operating as a contract, but no action may be brought upon any contract for the
sale or other disposition of land or any interest in land, unless the agreement
upon while such action is brought or some memorandum or note thereof is in
writing and signed by the party to be charged or by some other person there
unto by him lawfully authorized.

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