Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

QUESTION 1 Steven owns a hotel in Perth. Due to the imposition of border closures and lockdowns over the last two (2) years, there has

image text in transcribed

image text in transcribed
QUESTION 1 Steven owns a hotel in Perth. Due to the imposition of border closures and lockdowns over the last two (2) years, there has been a sharp drop in the tourism and hospitality sectors. As such, Steven has entered into a written agreement to allow Ruby the use of part of the hotel foyer. To save money, Steven asked his daughter, a law student, to draft the agreement for him. The one age agreement is entitled 'Lease'. Ruby is permitted to operate a florist shop from 1 February 2022 paying weekly rental of $200. The agreement allows Ruby to cordon off a space of 15 square metres in a corner of the foyer to display her flowers. As there is no means of securing entry to the 15 square metres, she also has the 'sole and exclusive use' of a room nearby to store her items, including her cash register, after she closes the business at 5pm. Last week Ruby was offered a good price by Isla for her florist business. Ruby is keen to assign the interest but Steven has told her that their arrangement only gives rise to a personal interest which cannot be assigned. Steven is keen to sign a new agreement with Isla for a higher rent. Using the four-step process, advise Ruby whether this agreement creates a lease or a licence. N.B. You are not required to consider the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) or the Residential Tenancies Act 1987 (WA)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Public Law Text Cases And Materials

Authors: Andrew Le Sueur, Maurice Sunkin, Jo Eric Khushal Murkens

4th Edition

0198820283, 978-0198820284

More Books

Students also viewed these Law questions

Question

Demonstrate knowledge of the company/organization and the position.

Answered: 1 week ago