Landlord and Tenant Law Essay Example | Topics and Well Written Essays - 2000 words

Landlord and Tenant Law - Essay Example In the beginning, Able began extensive work on the unit. But the directors of Able soon discovered that the turnover from trading was not going to be as profitable as they had hoped. Hence, the extensive work to the roof was never completed. Although watertight, the roof is unsightly and not up to modern standards. In 2002, Able discovered that the concrete used to form the basis of the floor of the unit was not of the correct type. As a result, the surface had become crumbly and difficult to walk on. The only way to solve this problem would be to excavate the floor and lay a new one at a cost of GBP 250,000. Instead of undertaking any work, when the problem first became acute, Able laid metal sheeting on the floor as a temporary measure. The extractor fans fixed to the walls of the unit have ceased to function and when Able obtained quotes for installing new ones, they discovered that the original manufacture had gone into liquidation and new ones would have to be sourced from a different supplier. The new fans would be larger and require extensive installation work estimated at GBP 20,000. A director of Able has discovered second-hand fans which could be installed at a fraction of this cost. But these are older models than those currently installed and only work at half efficiency. Recently, surveyors instructed by the landlord have inspected the unit. On the basis of their calculations, the landlord claims that the cost to Able of complying fully with the covenant at the end of the term will be GBP 360,000. This includes completion of the work on the roof, laying a new floor, installing new fans as opposed to second-hand ones, and carrying out other miscellaneous works. The directors of Able are furious, especially since they have discovered that the landlord has submitted a planning application to the local planning authority under which the present unit would be demolished. The Questions The rent details, that is the amount of rent payable, and if any deposit had been paid to the landlord, are not provided. Details regarding the manner in which the lease agreement was made are also not provided. Was the agreement made through lawyers Were lawyers engaged by the landlord when the agreement was made Did Able engage lawyers to make the agreement It is important to know the answers to these questions in order to pinpoint the correct answers. It is possible to surmise the consequences in the absence of these answers. The information pertaining to the circumstances that have led Able to seek legal position are there. On the basis of these information provided the solutions to the issues raised will be given. The Cost of Repairs It appears that the premise is not suitable place to work. The premise needs long-term repairs and fixtures for long-term, problem-free use. Nevertheless, Able has gone ahead and made an agreement with the landlord for use of the premise for 15 years. The place was thriving at that time. Therefore, the directors of Able might have felt compelled to take the place on long-term rental basis, even willing to go along with

Education Law Case Study Example | Topics and Well Written Essays - 1500 words

Education Law - Case Study Example The essential method of compliance with Guckenberger III is to balance the interests of the university with the interests of the handicapped student. Section 504 of the Rehabilitation Act and the Americans with Disabilities Act ("ADA") strictly prohibits universities from discriminating against qualified students with disabilities. In relevant part for this analysis, Section 504 mandates that "no otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." 29 U.S.C. 794(a). Titles II and III of the ADA make similar provisions for public services and public accommodations which public universities are required to follow. 42 U.S.C. 12132 and 12182(a). The ADA defines discrimination to include "a failure to make reasonable modifications in policies, practices or procedures, wh en such modifications are necessary to afford . . . services . . . to individuals with disabilities unless the entity can demonstrate that making such modifications would fundamentally alter the nature of the . . . services." 42 U.S.C. 12182(b)(2)(A)(ii). Universities are obligated to provide reasonable accommodations. In deciding to maintain the integrity of university curriculum and apply it evenly throughout, a balancing test is required. Clearly starting point for examining whether a course substitution or alteration is a reasonable academic adjustment starts with the Supreme Court's pronounced interpretation that "Section 504 imposes no requirement upon an educational institution to lower or to effect substantial modifications of standards to accommodate a handicapped person." Southeastern Community College v. Davis, 442 U.S. 397, 413 (1979). The Southeastern court found that there is a line between alteration and accommodation. It found that being excused from taking the clini cal part of the nursing program was an unacceptable accommodation and that Southeastern did not have to make that accommodation to a hearing impaired individual. It is against this backdrop that all colleges and universities should base their own academic policies in regards to accommodation but the decision should be made by an knowledgeable committee. 2. After reviewing the court's opinion in Guckenberger II, how would you advise the head of the office of disability services with respect to balancing the institution's concern for upholding academic standards with the requirements of the ADA and Section 504 The head of of the office of disability services would be advised by legal counsel that the university is required to make modifications only to "known" and validated disabilities. Thus, the university should require that it be put on reasonable notice of the request for modification (34 CFR 104.44) (Attorney, 2009). The request for modification should be submitted in writing to the Office of Disability Support Services. From there the university should make efforts to accommodate reasonable modifications in policies, practices, or procedures when the modifications are necessary. Modifications are deemed necessary when and if they "ensure that no