34 SUNDAY MAIL • November 4, 2012
Property LEGAL ISSUES WITH GEORGE COUCOUNIS
Termination of a tenancy agreement THE tenancy relation whether referring to a shop, office or residence, has its own distinctive characteristics and must be carefully looked at through the principles of the contract law and the Rent Control Law, to correctly ascertain the rights and liabilities of the landlord and the tenant and avoid any mistakes which may cost time, money and inconvenience. Various problems arise when the tenant commits a breach of the tenancy agreement or does not pay the rents in arrear or abandons the premises before the expiration of the tenancy or he terminates the tenancy unilaterally and does not restore the property to its original condition. As long as the landlord does not violate any essential or other term of the tenancy agreement, the tenant has no right to terminate it prior to its expiration. Breach of the agreement by the tenant makes him liable to pay damages to the landlord equal to the rents he will lose, taking into account the landlord’s obligation to take all reasonable steps to rent the property to another person in order to mitigate his damage. The choice of the landlord as to how he will handle the
termination of the tenancy agreement defines his rights and it is preferable for him to insist on the agreement, making the tenant liable for any breach and reserving his rights for damages. Another important factor the landlord must take into consideration is whether his property is within an area controlled by the Rent Control Law. A different approach may release the tenant from his obligation to pay the rents or damages since the tenancy will expire and the premises will be delivered to the landlord. Such a problem was faced by a landlord who chose to also terminate the tenancy agreement prior to its expiration and accept delivery of the premises without reserving his rights when the tenant tried to terminate it earlier. The landlord exercised his right to terminate the agreement because the rents of two months were not paid to him punctually and gave the tenant 21 days’ notice to pay him in accordance with the Rent Control Law. The tenant delivered to the landlord free and vacant possession of the premises and therefore the tenancy was terminated. It should be noted that the landlord held a deposit equal
to four months’ rent which covered the amount owed by the tenant. However, the shop remained closed until the expiration of the tenancy period and the landlord claimed from the tenant 15 months’ rent and thus the dispute was raised before the court. The court, in its judgment, held that when the premises were delivered to the landlord the tenancy expired. The tenant owed only two months’ rent and since the landlord had the deposit in his hands covering the arrears, he was able to deduct them. The rent of the other months he claimed were not due or payable. As a result, the application of the landlord was dismissed and the court ordered him to pay the costs. The shop was under the Rent Control Law and the tenancy agreement was for a period of six years. Originally the landlord replied to the tenant that he did not accept the termination and that he considered the tenancy agreement binding on the tenant until its expiration. The landlord also stated that the tenant owed him two months’ rent and that he was in breach of the agreement. However, the landlord thereafter sent an-
other notice calling the tenant to pay the two months’ rent in arrears within 21 days otherwise he would take legal steps against him and terminate the tenancy agreement keeping the tenant responsible. The court decided the termination of the contractual tenancy by the landlord was justified and legal due to the fact that the tenant did not pay or offer to pay the rent in arrears, but at the same time the tenant became statutory, since he remained in the premises after the termination and before delivery of possession. Therefore, the tenancy was terminated when the possession of the premises was delivered to the landlord and no other rents became payable. The landlord choosing to terminate lost the opportunity to claim the rents for the period the shop remained empty, since through the termination the tenancy became statutory and no rents were payable thereafter. George Coucounis is a lawyer specialising in the Immovable Property Law, based in Larnaca, Tel: 24 818288, coucounis.law@cytanet.com.cy, www.coucounislaw.com
Responsible for the UK flooding? Alan Titchmarch
Who should you believe in garden? WHO DO you turn to for garden advice? Even the most august of gardeners don’t get it right all the time. Alan Titchmarch, that dyed in the wool gardener who is nowadays something of a show host among other things, is getting the blame for the flooding in the UK this year. When he was running the TV show Ground Force he was at the forefront of encouraging gardeners to put in decking and built-up patio areas, which saw the sale of those products rocketing and vast profits in the DIY industry in the UK. However, all this lack of flower beds, lawns and natural drainage through the soil caused the rain to run off into the streets and rivers and not soak naturally into the earth. I suppose there is no turning back the clock as they have become part and parcel of the gardening scene as families have to have their barbecue or chimera areas, and tending lawns has become an unlikeable job as people rush to and from work. On the other hand, Bob Flowerdew, the famous organic gardener with the
GARDENING with
Patricia Jordan long pigtail and many compost heaps, caused mayhem by suggesting that people should concrete over their gardens! And he doesn’t even swat a fly! Mathew Biggs, who famously shortened the life on a TV programme of our Victoria Plum tree in our former garden, causing it to never to fruit again, suggested that it is okay to water plants during the day in the summer heat, while most other gardeners advise watering in the evening and early morning when the sun is off the plants! Whatever are we to do?
Tenancy relationships for shops have their own characteristics
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PLANTOFTHEMONTH Ranunculus asiaticus Ranunculus asiaticus originated in Greece, Turkey and Iran which led to the common name of Persian Buttercup or Turban Buttercup. Cultivated for many hundreds of years, they are very popular plants in the Cyprus spring garden. Nowadays they are available with double ‘pompom’ flowers in joyous colours of red, orange, yellow, purple and beautiful terracotta.
Ranunculus are part of the Buttercup family and are closely related to Marsh Marigolds, which usually live at pond and stream edges. Ranunculus asiaticus though prefers a dry, well drained spot in full sun. They will grow equally well in the garden or in pots and even flourish in the ubiquitous tin cans that you sometimes see in old courtyards! The tubers are most unusual, having little prongs like fingers at the bottom and looking very dehydrated when you buy them. It helps to soak them in tepid water for a little while before planting them, with the ‘prongs’ pointing downwards in the soil. This makes them swell and come back into life after their prolonged dormant period. They really are a lovely spring garden plant.