The relationship between landlord and tenants in relation to Essay

The relationship between landlord and tenants in relation to assignment of leases and recovery of rent arrears - Essay Example The relationship between landlord and tenants in relation to assignment of leases â€Å"not to be on unreasonably withheld† & the legal and softer approach to dealing with rent arrears bearing in mind a proactive management approach Introduction Question one : Case scenario The first question deals with assignment of a lease by the tenant whereby the lease agreement permits for assignment, but with the consent of the tenant. In this case, the consent of the tenant cannot be unreasonably withheld. One of the shop is used by a hairdresser who wish to assign the lease to another hairdresser in the town. Shelagh (the other hairdresser) is considered a better covenant than existing tenant since she has a more profitable business than the current tenant.Although, I dislike Shelaghm, the lease permits the tenant to assign the premises with my consent. In this case, I cannot withhold the consent unreasonably. In the above case scenario, I cannot simply say no to the assignment of the lease. There are numerous laws that govern the landlord and tenant relationship with regard to the assignment of the lease. The Amendment of law of property Act 1925, provides the procedure for discharging or modifying any covenants including leaseholds (Pawlowski, 2002). The lease is of a commercial property and entails a covenant that is legally binding to the landlord and tenant. The tenant has the right to assignment lease to another tenant. Accordingly, the covenant requires the tenant to make an assignment only with the consent of the landlord.... Accordingly, the landlord must notify the tenant of any conditions attached to the consent or reasons for withholding the consent (Karp and Klayman, 2003). In addition, section 19(1) a of the landlord and tenant ACT1927, makes it clear that a landlord cannot unreasonably withhold his consent in a qualified covenant (Karp and Klayman, 2003). Accordingly, section 19 (1A) of the landlord and tenant Act 1927 allows both the landlord and tenant to agree of certain conditions that will apply while granting the consent of assignment (Pawlowski, 2002). In this case, the landlord will not unreasonably withhold his consent if he withholds the consent due to a specific circumstance that attaches to the assignment. In the above case, it is the legal duty of the landlord to grant the consent of assignment or provides reasons for the withholding of the consent (Karp and Klayman, 2003). Ideally, the main issue that arises in the grant of assignment consent is financial capability of the proposed ne w tenant. The landlord can ask for the financial accounts of the proposed tenant and enlist the services of a credit rating agency in determining the creditworthiness of the proposed tenant (Pawlowski, 2002). In the above case, Shelagh has a more profitable business and thus more credit worth than the current tenant. Accordingly, the landlord is entitled to take in to full consideration of the attaching property interests in the whole property such as good estate management reasons (Karp and Klayman, 2003). The landlord will seek satisfaction that the proposed new tenant is capable of complying with the lease covenants after the assignment and require for additional securities such as rent deposit and guarantees. In addition, the

Good Communication Skills: Problem Solving

Good Communication Skills: Problem Solving In the secondary school setting, well-developed communication skills are an essential component of effective classroom management. They enable teachers to develop mutually respectful reciprocal interactions with students that serve to augment classroom experiences and outcomes. Various features and methods of communication may be used to enhance interpersonal exchanges, promote effective problem-solving and expedite conflict resolution. These are the vital building blocks that serve to build trust and understanding. Moreover, the many factors involved in effective communication assist greatly in facilitating warm reciprocal student/teacher relationships and productive learning environments which in turn, foster positive behaviour and learning outcomes. (Arthur-Kelly, Lyons, Butterfield Gordon, 2003) Many secondary school students perceive this time period to be especially challenging. Developmentally, such students are experiencing considerable upheaval as they begin to negotiate the maze to emotional, social, physical and cognitive maturity. The secondary school years are further complicated as adolescents begin to consolidate their sense of identity, strive for greater autonomy and freedom and their social networks expand. These momentous changes may cause many students to flounder and struggle both behaviourally and academically. Fortunately, through the use of effective interpersonal communication techniques teachers are able to build respectful, reciprocal relationships that bolster secondary students throughout this tumultuous journey. (Martin, 2010) Interpersonal communication is a complex practice that involves transmitting and receiving messages. Spoken words are used to convey meaning but the often overlooked non-verbal components of communication are of equal importance and comprise at least 50% of message content. Such components include eye contact, paralinguistics, positioning and posture, facial expressions, gestures, proximity and touch, personal appearance and communication setting. These factors have enormous potential to interfere with and distort the meaning of intended messages. As such, it is of paramount importance that teachers avoid making rushed interpretations of student non-verbal behaviour and also pay attention to the congruence of their own non-verbal communication. Actions tend to speak louder than words so incongruous non-verbal communication has the potential to seriously undermine message integrity and cause student confusion. (Arthur-Kelly et al., 2003) As stated by Charles (2000, pp. 48-49) To a surprising degree, how you communicate determines your effectiveness as a teacher. Relationships are built on communication and easily destroyed by it. Because so much of communication has the potential to be misunderstood it is essential for teachers to employ strategies that minimise the chance of this occurring. One particularly effective method is the use of active listening (Arthur-Kelly et al., 2003). Active listening is not merely hearing but a much more purposeful action that involves being attentive, endeavouring to understand communicated concerns and emotions, clarifying through appropriate questioning and supporting problem solving (Weinstein, 2007). During active listening, the recipient of the message interprets what has been said and accurately reflects this back to check understanding of the speakers concerns and associated feelings. This process enables the speaker to feel acknowledged, supported and confident that they have been understood. It encourages the speaker to continue expressing, clarifying and garnering support to work through issues constructively (Geldard Geldard, 2007). By using the active listening technique, teachers send a strong message to students that they genuinely care. Congruently, caring, and especially student perception of such, is an important prerequisite for establishing the healthy relationships that promote positive behaviour and academic outcomes (DeSantis King, Huebner, Suldo Valois, 2006). 4 Several other communication processes may also be used to enhance the active listening process and to convey genuine concern and caring to students. These include making appropriate eye contact by altering posture to match the level of the speakers, using congruent facial expressions, employing minimal verbal cues and persevering with active listening until the speaker feels ready to conclude (Weinstein, 2007). Open questioning is also important. This involves the formulation of questions that require more than a negative or affirmative response. Such questioning is particularly useful to bring to light previously unconsidered issues and also to clarify information. Additionally, it is an effective way of encouraging ongoing conversation (Geldard Geldard, 2007). The combination of the abovementioned strategies effectively facilitate clear expression and enhance listening accuracy during conversations. In secondary classroom situations, however, it is often necessary to ensure that interference whilst conveying messages is eliminated as efficiently as possible. In these situations, assertive communication is an asset (Arthur-Kelly et al., 2003). During assertive communication, the rights of both the speaker and the listeners are upheld, thus reducing interference. This method of communicating is neither passive nor aggressive. Rather, communicating assertively means expressing messages in a no-nonsense manner that is straightforward, honest and inoffensive (Mohan, McGregor, Saunders Archee, 2008). One such way of communicating is through the use of I statements. I statements are a practical method for allowing the speaker to convey their message and simultaneously make their needs known without impinging on the rights of others. They are often particularly valuable as they alert the listeners to the speakers faith in their cooperation without any associated threatening connotations (Arthur-Kelly et al., 2003). Assertive statements are generally stated in three parts, to describe specific behaviours, to outline feelings associated 5 with such behaviour and to illustrate the effects of such behaviour. They send a clear message to the recipient without risk of offense (Mohan et al., 2008). Spoken calmly, I messages operate to provide valid, comprehensive feedback to students about the effects of their behaviour in a respectful, non-intimidating way (Arthur-Kelly et al., 2003). Despite the demonstrated efficiency of communication processes such as active listening and assertive communication, in secondary classrooms, the potential for conflicts and unresolved problems remains ever-present. Because of the stress and anxiety that is often associated with the dramatic changes experienced by adolescents, that they may at times act with confusion as they try to articulate their thoughts and feelings. This may precipitate seemingly inappropriate words and actions that may need careful negotiation to decipher and resolve (Brown, 2005). Negotiation is a problem-solving communication skill that incorporates active listening and assertive behaviour. Essentially, negotiation involves using mutual respect and communication devoid of interference by such contaminants as high emotive states (Arthur-Kelly et al., 2003). In negotiation, six steps are used to facilitate problem-solving. The first step involves problem identification using I messages, open questioning and active listening. Step two necessitates the identification of possible problem-solving options. This is facilitated through the collaborative listing of suggestions which are freely expressed and are neither evaluated nor censored (Arthur-Kelly et al., 2003). In step four, this process is refined as stakeholders are provided with the opportunity to delete any previously generated options that they find entirely unacceptable. Subsequently, in step five the adolescent selects their most favourable option which they believe is most likely to be successful and an agreement to implement this is established. Step six completes the procedure and involves agreeing on a time period before the results of the solution are reviewed. During the review process, permanent 6 implementation may be decided upon or in the case of an unsatisfying outcome the negotiation procedure will be repeated (Arthur-Kelly et al., 2003). Walsh (2004) alludes to the fact that during adolescence, emotional regulation is still undergoing development. This is one explanation for what appears to be ill-mannered, impulsive and angry behaviour that is periodically demonstrated by adolescents. Understanding by secondary teachers that adolescents will at times make social errors is extremely judicious and has enormous potential to be relationship building, setting the stage for cooperation (Brown, 2005). Consistent, considered action on the part of the secondary teacher leads to the building of trust that is integral to respectful relationships. Likewise, appropriate and effective communication builds mutual respect and is the foundation of all positive learning environments (Brown, 2005). All classroom learning occurs in the context of interpersonal interactions and this reciprocal arrangement wields a potent influence over the learning environment and associated student achievement. Effective communication between teachers and students has a reciprocal effect. Resultantly, it stands to reason that such interpersonal interactions are a vital component of positive classroom environment and associated enhanced behaviour and learning outcomes (Goh Fraser, 2000). Much research exists to support the notion that positive relationships between students and teachers enhances learning environments, leading to improved behaviour and favourable learning outcomes (den Brok, Levy, Brekelmans Wubbels, 2006; Fraser Walberg, 2005; Urdan, Schoenfelder, 2006). More particularly, student motivation, learning and degree of compliance are predominantly shaped by their perception of their relationship with their teacher (den Brok, Levy, Brekelmans Wubbels, 2006). During the turbid secondary school years students care a great deal about establishing positive relationships with their teachers and the level of support this provides. As such, they respond 7 with far greater enthusiasm, pronounced engagement and augmented effort, both behaviourally and academically, when they perceive that their teachers care about them (Urdan, Schoenfelder, 2006). By using effective communication skills, teachers are equipped with the tools to impart this powerful belief in their students, thus leading to respectful reciprocal relationships, positive learning environments and associated behavioural and academic growth. 8

time management Essay -- essays research papers

Time Management   Ã‚  Ã‚  Ã‚  Ã‚  The way a person manages time effects the efficiency of their life. There are many ways that will help in time management. College students for example have many responsibilities. The top priority being school. Students must have time to go to class and show their best of their abilities to finish all work that needed to be done. Some students may have to fit work into their daily schedule. As Rock-Richardson describes,  ¡Ã‚ §As an undergrad, I put my self through two solid years of full-tuition college by working as a daycare provider [ ¡K] ¡Ã‚ ¨ (Rock-Richardson 12). In order to be successful at the tasks the student must eat properly and get enough sleep. The one thing that should be learned is motivation and the famous saying  ¡Ã‚ §Never give up. ¡Ã‚ ¨ If a task must be done and it is felt that there is no time, that is just the misunderstanding of time. The first step in beginning better time management is to write it into an organizer. An organizer is the most helpful notebook a student can purchase. Carol Kanar says,  ¡Ã‚ §Your schedule is the result of the inward decision you make to control events instead of letting events control you ¡Ã‚ ¨ (Kanar 93). For a student to remember important dates such as test dates they must be written down and observed. Major dates to remember are exam dates. There will be numerous tests and assignments during one quarter, which cannot be memorized. This organizing will help in figuring out how much study time the...

The name of the organization is Microcel Ltd

The name of the organization is Microcel Ltd. Previously it had been in the business of selling computer hardware. Currently it has been developing business applications software in the field of human resource management.There are three areas in the company where cost control has become a concern. One is the shared usage of the printer. Another is the shared usage of the stationary.The third area of concern is the shared usage of company transportation. In the company income statements, all three cost categories are classified as overhead and deducted from revenue lump sum. However recently the company has been experiencing increasing costs in all three areas and therefore the management has decided to investigate.The investigation could be simplified if the management were to use activity based costing. In trying to identify which operational processes are responsible for increasing costs, it is useful to look at the different departmental processes.At Microcel, there are six depart ments: system design, programming, testing, multimedia development and graphics design, marketing and sales, administration. The company is using two network printers and all six departments are sharing those printers.Printing costs have been rising in the last 1 year. Therefore the management has to find out if there is any one particular department which is responsible for increasing costs.Once that department has been identified, necessary cost controls could be initiated. In apportioning costs of the printers to each of the departments, it is necessary to apply activity based costing. In this case the resource is the printer.The resource driver could be the amount of ink used by the department in a particular time period which could be one month. The activity could be the printing while the activity driver would be the number of pages printed. The cost object in this illustration is each of the six departments.Therefore, if the printers run out of ink twice a month, then the car tridges have to be changed 24 times in a year. Activity based costing would enable the management the assign total yearly costs of changing cartridges to each of the departments as below.Assuming that it takes $29 to change one cartridge, the total cost of changing cartridges in a year is $696. The next phase of the calculations is to determine how many pages have been printed in a year and of that total number of pages, how many were printed by each of the departments.If there were a total of 7200 pages printed in a year and of those 7200 pages, 1200 were printed by the programming department, then this department has incurred the yearly printing cost of $116 (($696/7200)*1200). In this manner, the remaining portions of the $696 dollars could be assigned to each of the departments and the department which has been experiencing rising costs could be identified.Costs in shared stationary have also been rising. Under the heading of stationary, many items are included. The principal it ems are printing paper, pens, pencils and markers. There are six departments which are using these categories of stationary.Depending on the level of detail required in the investigation, activity based costing could be applied to each category of stationary as applicable to each department or, if that level of detail is not required, activity based costing could be applied to the stationary category as a whole as applicable to each department.Assuming that activity based costing is applied to the category of stationary as a whole as applicable to each department, Then stationary as a whole would be regarded as the resource.Resource drivers would be the pens, pencils, markers and printing paper. Activities may be the number of requisitions for stationary submitted by the departments. Activity drivers would be the number of requisitions submitted in the given time period. The cost object is each of the departments.For illustration purposes, the programming department consumes four pe ns, four pencils, four markers and hundred pages of printing paper in each month. Assuming prices of pens, pencils, markers and printing paper to be $1, $.5, $1.2 and $.01 respectively, cost of stationary applicable to the programming department is $110.8 in each month. In a year, the total cost comes to $1329.6.If the total cost of all stationary purchased in a year is $10000 then the programming department accounts for 13% of that cost. Therefore if the total cost of processing requisitions from all six departments in a year is $8000, then the amount of costs to be assigned to the programming department is $1040 (8000*13%).In the case of transportation expenses, the resource would be the company car. Resource driver would be the amount of gasoline expended on the car.Activities would be requisitions for refueling and the activity driver the number of requisitions submitted. If the programming department has spent $1000 in a year in gasoline expenses and the total amount expended f or all departments is $8000, then the programming department is responsible for 12% of the cost.If the total cost of processing transportation requisitions is $10000 in a year, the cost to be assigned to the programming department is 12% of $10000 = $1200.The three illustrations above demonstrate how activity based costing could be applied to Microcel.ReferencesAtkinson, Anthony A., et al. (2006). Management Accounting. McGraw Hill/Irwin.Horngren, Charles T., et al. (2006). Introduction to Management Accounting. Prentice Hall.Hansen, Don R., et al. (2007). Cost Management: Accounting & Control. Prentice Hall.

Negative Classroom Behaviors Essay

In the classroom there are many opportunities for disruptions to the flow of learning. When the process of education is disrupted it affects learning outcomes and student progress. Educators and students both play a vital role is how smoothly the class is run. In this paper we will examine common disruptions in the classroom and look at carious ways that these disruptions can be resolved productively and efficiently. Through incorporating different discipline and classroom management styles most interruptions to learning can be avoided and the process of education can continue. Disruptions come in many forms and we will look at a few. We will first look at common disruptions in the classroom caused by students and then take a look at those caused by teachers. Yes teachers can be a disruption to the learning process and as we will see sometimes they cause more disruption than their students. It seems that often in today’s society when we think of the typical public school classroom, images of chaotic behavior, chattering students and paper being thrown quickly come to mind. This behavior, while not uncommon should not be the norm, there is a solution. The first three behaviors that we will address is the seemingly ever-present excessive talking, laughter and general outburst. It seems that no matter how many times the lights are turned off, names of students are written on the board, recess or free time taken away students continue to use their voices out of turn in excess ways, making instruction and learning difficult. Often times when students have an outburst in the class or the talking becomes excessive, teachers sometimes give a general knee-jerk reaction.  They may yell at the student who has been consistently talking to â€Å"be quiet or†¦ then some threat of a punishment is given and the student is quiet for a moment and the behavior is likely to happen again and the process continues. Educator Barbara Coloroso believed that students should be taught how to govern themselves accordingly and that whatever actions took place in the classroom they were not only responsible for them but that they were held accountable for them. Barbara guided educators to understand that an important part of education students was to also teach them inner discipline and self control. (Building Classroom Discipline, 11th edition, 2014) In her book Kids Are Worth It: Giving Your Child the Gift of Inner Discipline, Coloroso outlines key ways in which not only parents but also educators can teach children how to have inner discipline. Coloroso suggest that inner discipline be developed as follows; First students must be shown what they have done wrong, then given ownership of the problem hence making them responsible, following this students are guided on ways to solve the problem when appropriate. Finally Coloroso encourages to educators to ensure that during this entire process the dignity of the student is kept in tact. I imagine that by incorporating this strategy into my classroom management and discipline style my students will gain more self-control and become more aware of the consequences behind their actions. In this way, they will be far more likely to think before they act. Likewise I as a teacher will feel better about the way in which I handle disruptions. With the ability to handle each disruption as a possible teaching moment that encourages students to do better, rather than simply pointing out what they did wrong, students will develop a better sense of trust. Likewise by ensuring that in each situation the student is treated with dignity, students are aware of the respect I have for them and this respect become reciprocal. Two other common disruptions in the classroom are that of students who get out of their seats at inappropriate times and who take a long time to get organized, settle down and get started on their work . This not only disrupts learning for the student who gets up but it causes a distraction for those around. Often there are tedious reasons for why students are not in their seats. When asked why have they gotten up, a student may respond  Ã¢â‚¬Å"I was going to sharpen my pencil.† Likewise when asked why have they not sat down and began the warm up they may reply â€Å"I cannot find my pencil.† Educators Harry and Rosemary Wong created a classroom management and discipline theory that creates a way to eliminate many classroom disruptions. The Wong’s theory suggest, that beginning with the first day of class, students be taught that not only the classroom but that the entire school was a place for successful learning. This theory had to be accepted school wide in order to work effectively. In order to achieve that success teachers, students and administrators and support staff, must do their part. The Wong’s suggest that the biggest hindrance to learning is not the behavior of the students but the ineffective manner in which teachers disseminate information regarding the roles, rules, procedures and expectations in the classroom. (Building Classroom Discipline, 11th edition, 2014) Upon introduction to the class, teachers are encouraged to two things. First teachers must go over the roles, expectations and responsibilities of both teacher and student (Building Classroom Discipline, 11th edition, 2014). This is done over a period of several days and may continue through reinforcement throughout the first portion of the school year. In this way students not only understand where they fit in the classroom but they also know how everyone else fits as well. In my own classroom I can visualize my students on their first day. Part of my classroom management style will be to ensure that there is a procedure set in place for most of the foreseeable situations in the classroom. One thing that I will make certain to do, is to make the procedures detailed yet simple to understand and follow. In this way my students will be clear on what to do and when. For example, the student who has wasted ten five minutes of the 15 minute warm up time, will know in the beginning of the school year that sitting down and getting started on the warm-up up within the first three minutes of class is mandatory. If you are not prepared and do not have all of your materials, there are always extras that can be checked out from me and then returned at the end of class. Simple procedures like this will eliminate small disruptions and keep the learning process flowing. The next two disruptions are those students who lack respect for teachers and fellow  classmates along with horseplay in the classroom. Teachers must establish and demand respect in the beginning of the class. Students must know not only what is expected of them, but also what happens when they fall short of those expectations. Educator Craig Seganti teaches teachers how to take charge in the classroom. Taking the Seganti approach in my class will dictate that my students know that I am the authority in the classroom. Establishing this authority by setting the rules along with the consequences of breaking them, and enforcing them from day one will put me in control from the outset. When students see that there is no wavering in the rules, they will take what you are saying seriously. Establishing that the classroom is a place of learning and that anything that disrupts that will have consequences will if not completely eliminate, will certainly minimize disruptions. When teachers and students are disrespected in the classroom it would be good to incorporate civility in the classroom. P.M. Forni was best known for teaching students how to behave civil and with respect n the classroom. By encouraging students to conduct themselves in a way that reflects the â€Å"Golden Rule† students will be far less likely to tease and disrespect their teacher and classmates. (Building Classroom Discipline, 11th edition, 2014). Using these two strategies in the classroom will be of great value in the way the classroom is managed. Finally I want to take a look at three behaviors that are exhibited by teachers that cause disruptions in the classroom and halt the learning process. Disorganization, nagging and the inability to leave whatever you have going on at home, at home can cause the classroom environment to feel unsafe and chaotic (Building Classroom Discipline, 11th edition, 2014). Using a combination of strategies from authorities on classroom management can help with these hindrances to education. First knowing what you want your classroom to look and feel like I a huge help in getting and staying organized. Often times teachers become disorganized because they have lost control of the classroom. By establishing your authority in the classroom as suggested by Seganti, you are less likely to lose control and if this does happen it should be easier to regain. Constant nagging of students over trivial matters of work habits or behavior are not helpful. In the long run you are not taken seriously. Students must know how to behave in the classroom. Ensuring as suggested by Wong that students are crystal  clear on expectations and procedures, teachers will spend much less time nagging and more time teaching. Lastly when teachers are unable to leave their home life separate from their classroom the results can disrupt and devastate a classroom. Teachers must before anything else, know their role. As a teacher you are there to provide a safe learning environment for your students. When your personal life interferes with that, learning outcomes and student-teacher relationships are compromised. In my classroom I imagine that by establishing an initial foundation of authority based on my acknowledgement of my role as teacher and educator, I will be able to create safe, fun and effective learning environment. By creating my classroom management style, revisiting it when necessary and setting up rules and procedures from day one, I will have the freedom to teach without disruptions and my students will be able to achieve all of the learning outcomes that have been set for them. Reference Page 1. C. M. Charles Building Classroom Discipline, Eleventh Edition, 2014