Chris Fick & Associates

Landlord vs tenant: When can you cut electricity or change the locks?

“Spoliation is the wrongful deprivation of another’s right of possession. The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own hands … The cause for possession is irrelevant – that is why a thief is protected … The fact that possession is wrongful or illegal […]

Landlord v tenant – Consider the tribunal dispute resolution option

“Agree, for the law is costly” (Marcus Tullius Cicero, Roman lawyer and statesman) We all know how easy it is for misunderstandings and disputes to arise between landlords and tenants, and whilst most can be resolved with a bit of open communication and negotiation, sometimes independent intervention is needed. Enter the Rental Housing Tribunal, which […]

LANDLORDS: CAN YOU SWITCH OFF YOUR DEFAULTING TENANT’S LIGHTS?

Your tenant isn’t paying rent and refuses to move out – can you turn the electricity off? First – commercial or residential? The judgment discussed in this article relates to a commercial occupier and as is noted below, residential occupiers enjoy additional protections to commercial occupants. There will no doubt be much debate in legal […]

RENTING IN A COMPLEX? READ THE RULES!

“….. parties are free to contract as they please. The law permits perfect freedom of contract. Parties are left to make their own agreements, and whatever the agreements are, the law will enforce them provided they contain nothing illegal or immoral or against public policy” (extract from judgment below) Be warned – whether you buy […]