If you are a tenant and do not wish to renew your tenancy agreement, you must inform your landlord that you do not intend to renew the lease if it expires. If the landlord can rent the premises again before the end of the tenant`s lease, the break-up tenant may not be required to pay the rent, as the landlord cannot collect a double rent payment for the property. The start date and time (for example. B 12 weeks, 6 months or 1 year) are set by the landlord and tenant and the tenancy agreement is terminated at the end of the specified period of weeks, months or years. In a fixed-term lease, the lessor cannot increase the rent or change other tenancy conditions unless he or she expressly reserves that right in the contract or the tenant accepts the changes. Among the principal obligations of the lessor are the granting of the tenant`s access to the property, the obligation to repair and maintain the structure of the property and the possibility for the tenant to “enjoy” the property. As a general rule, this means that the tenant may reside in the property and will not be disturbed inappropriately. Mr. Perhauz and Ms.
Taylor (applicant party) stated that an agreement to lease a restaurant known as “Poets Corner” (Premises) had been entered into orally with Mr. Felsch, a real estate agent working for the owners of the premises, and requested, among other things, that there was an enforceable agreement. Leases are generally far too complex to be concluded responsibly with a single oral agreement, with too many factors that could lead to undesirable outcomes for the landlord and tenant to justify the risk. If you are in a complex rental dispute, the advice of an experienced lawyer can help resolve the case fairly while protecting your rights. There is little doubt that the pendulum is in favour of the retail tenant. However, it is not all bleak for retail owners, since the court confirmed that a reference to any set of conditions to which the parties or their representatives give interim consent is binding only when an official lease is prepared and executed to rebut any right to a fully oral lease.