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bigcaat bigcaat
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6 years ago
Jack enters into a lease with Mary, his landlord. The terms of the lease are very generous to Jack. Six months later, Mary sells the home and transfers all her interest to the new owner. Explain how the new owner can receive both the rights and duties of the former landlord when Jack was not a party to the sale of the home and did not consent to it.
Textbook 
The Law and Business Administration in Canada

The Law and Business Administration in Canada


Edition: 14th
Authors:
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MiY4GiMiY4Gi
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When a landlord sells his or her property that is subject to a lease, the landlord parts with both the reversion and the benefits of the covenants given by the tenant. The new owner succeeds to both the rights and duties of the former landlord. Although there is no privity of contract between the new owner and the tenant, the new owner is able to receive both the benefits and the duties of the former landlord because of privity of estate. Privity of estate is the relationship that arises between a new landlord and a tenant as a result of their respective interests in land that is transferred to a transferee. In the scenario, then, privity of estate arises between Jack and the new owner, so the new owner is able to receive both the rights and duties of the lease agreement.
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bigcaat Author
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6 years ago
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Yesterday
Helped a lot
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2 hours ago
You make an excellent tutor!
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