The social, political, and economic climate all over the world has been hugely affected by the COVID-19 pandemic, creating all sorts of issues and disputes in different sectors. Every bracket of modern society has been impacted in one way or another since the pandemic's emergence in 2020. The legal strata are one such sector that has been riddled with new disputes and ethical dilemmas.
Property Rights And Landlord-Tenant Law is one relationship of legal nature that has seen direct interference from the government guidelines about the pandemic. One such case was witnessed at 25, 27 York Street, Sydney where Pinky Blinders Pty. Ltd., a footwear and handbag retailer had been leasing the property. Gorgeous Properties Pty Ltd and Gorgeous Investments Pty Ltd were the Premises' owners and lessors.
With Pinky Blinders as a client, academic experts at Sample Assignment were tasked to provide the lessee with legal advice by citing the relevant laws and regulations that have been put in place by the Australian government.
Let us discuss the various parameters of the case and the assignment prepared by our academic writers on the given matter.
Before moving on to the assignment writing process for this particular paper, we will first comprehend the question carefully by analyzing the dispute and discussing the applicable laws.
Mentioned below are the clauses that are lawfully established when the property is leased to the lessee. These have been put into place to avoid any misconduct or defaulting on the part of both parties.
For this Property Rights and Landlord Tenant Law assignment case study, we will consider the following clauses.
However, shortly into the contract, Pinky Blinders had started being delinquent in payment and had further defaults after the pandemic hit. They had even vacated and abandoned the premises without any prior notice to the lessor. This pushed the lessers to propose immediate termination of the lease on the grounds of clause 12.1.
On June 15, 2021, the lawyers operating for PB claimed that the Lessors' notice and revocation of the Lease were illegitimate and of no implication. According to the letter, PB's "business has been critically impacted by the pandemic and has faced a recession of at least 43% compared to the same trading period last year." The letter claimed to invoke PB's privileges under the COVID-19 Regulation and to claim rent relaxation under the Lease.
Pinky Blinders (PB) has now sought legal advice from our academic experts in the form of a legal report. The request for advice is in a three-part question which is as follows:
Before starting the assignment, we had to be aware of the ethical and legal implications of this particular circumstance. Let's talk about the approach and methods employed to offer advice to PB.
The primary method used to determine the nature of the advice is the IRAC method. IRAC is an acronym that stands for the legal analysis structure "Issue, Rule, Application, Conclusion." A useful paper pursues some variation of the IRAC framework, which is organized around an "issue," a "rule," a "application," and a "conclusion" for every problem and sub-issue recognized as a legal matter.
To assess this particular situation, the relevant law selected was the Covid-19 Legislation Amendment Measures Act 1970 and Other Commercial Leases. The applied legislation was Section 87 of the Covid-19 Amendment Measures Act And Section 7 of the Retail and other Commercial Leases.
As per the IRAC method, it was concluded that Pinky Blinders are entitled to relief from seizure of property, as well as relaxation under section 19 of the Code of Civil Procedure.
Attached below is the solution file written by our experts:
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Nick is a multi-faceted individual with diverse interests. I love teaching young students through coaching or writing who always gathered praise for a sharp calculative mind. I own a positive outlook towards life and also give motivational speeches for young kids and college students.
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