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

      

Stanley leased his house at Highlands Gardens to Oliver. The lease agreement
was signed by 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.

  

Answers


Maurice
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 her mandate by 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 injunction to restrain her
from interfering with the quiet enjoyment of the house.
maurice.mutuku answered the question on April 27, 2018 at 12:09


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