Landlord and Tenant Law in Context

Erscheinungsjahr 2007
ISBN: 978-1-84113-722-3
Verlag: Hart Publishing

Buch, Englisch, 807 Seiten, Format (B × H): 171 mm x 234 mm, Gewicht: 1 g

This new work, a successor to the author's earlier book (co-written with Geoff Gilbert) Landlord and Tenant Law: The Nature of Tenancies (1995), though now the work of a single author and completely up-dated and rewritten, shares the same aim of setting leases in their wider context by weaving together matters of law and policy. The book provides a clear understanding of the main principles of landlord and tenant law in each sector.
The style of this book is distinctive. First of all, it explains the law of landlord and tenant law by showing how the statutory and common law rules have been shaped by wider commercial, social, economic and policy considerations, by the growth in human rights law and by changing concepts of community and justice. The other innovative feature of the book is that the law is explained by reference to the different stages of the relationship; entering a lease, regulating leases, managing leasehold property, and so on. The stages of the relationship provide the structure for the book. Most landlord and tenant books set out the 'common law' rules in the opening chapters and then deal with the legislative regime for each individual sector later in the book. By instead setting the law in the different stages of the relationship, this book is able to show where the shared issues faced by landlord and tenant receive a common legal response, and where the different context of the leasehold relationship has led to a variety in legal rules.
Landlord and tenant law is now very different from the common law of 100 years ago. In describing the modern law (or laws), the unique style of this book enables the reader to see how the commonalities and the contrasts between the law in the different sectors can be explained by reference to the way that leases are differently used and regulated.

Autoren/Hrsg.

Bright, Susan

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

PART ONE: INTRODUCING THE RELATIONSHIP
1 Introduction to Landlord and Tenant Law
1.1 Understanding Leases in Context
1.2 The Language of Leases
1.3 The Variety of Letting Arrangements
1.4 Key Issues and Trends in the Different Sectors
1.5 Explaining the Structure of the Book
1.6 Some more Terminology on Leases
2 Keys to Understanding Leases
2.1 Introduction
2.2 Leases in a Map of the Law
2.3 The Hybrid Nature of Leases: Part Property, Part Contract
2.4 The Private Law Relationship and the Common Law
2.5 Landlord and Tenant Law as Regulatory Law
2.6 The Public Law Dimension
2.7 Leases and Land
2.8 Leases as Split-ownership
2.9 Intervention in the Landlord and Tenant Relationship
2.10 Interpretation of Leases and Leasehold Notices
PART TWO: ENTERING THE RELATIONSHIP
3 Identifying Leasehold Relationships
3.1 The Essential Elements of a Lease
3.2 Different Categories of Occupation
3.3 Categorising a Relationship
4 Entering the Tenancy: Allocation, Formalities and Content
4.1 Allocation and Choice
4.2 Formalities on Entering into the Landlord and Tenant Relationship
4.3 The Effect of Non-observance of the Formality Requirements
4.4 Vitiating Factors and Leases
4.5 Construction and Rectification
4.6 Providing Information to Tenants
4.7 The Structure of Leases
4.8 Fairness and Contract Terms
4.9 The Structure of Commercial Leases
4.10 The Structure of Residential Leases
4.11 Variation of Lease Terms
PART THREE: REGULATING THE RELATIONSHIP
The Structure of Part Three
The Importance of Policy in the Wider Context
What is Policy?
Avoiding Statutory Protection
5 Renting Homes: The Policy Background
5.1 Introduction
5.2 Tenure Division
5.3 Social Renting and Private Renting
5.4 The Period to 1980
5.5 From 1980 Onwards
5.6 Current Housing Issues
5.7 Current Issues and Directions in the Different Tenures
5.8 Summary: Rented Housing in 2007
6 Renting Homes: Legislative Controls
6.1 Introduction
6.2 Legislative History of Housing Law
6.3 Allocation of Housing
6.4 The Housing Act 1988: The Private Rented Sector
6.5 The Housing Act 1985: Local Authorities and the Secure Tenancy
6.6 The Housing Association Sector
6.7 Statutory Control of Rented Homes
6.8 Future Directions
7 Long Residential Leases
7.1 The Reasons for Using Long Leases
7.2 Problems with Long Leasehold
7.3 The Case for Reform
7.4 Reform at Last
7.5 An Overview of Legislative Controls of Residential Long Leases
7.6 The Future?
8 Business Tenancies
8.1 Policy and Legislative History in the Commercial Property Sector
8.2 The Operation of the Landlord and Tenant Act 1954, Part II
8.3 Tenancies to which Part II of the 1954 Act applies
8.4 Future Directions
9 Agricultural Tenancies
9.1 Policy and Legislative History in the Agricultural Sector
9.2 Farm Business Tenancies
9.3 The Impact of the ATA 1995
9.4 Future Directions
10 Human Rights in Landlord and Tenant Law
10.1 Introduction: Human Rights
10.2 Human Rights in Domestic Law
10.3 The Meaning of Public Authority
10.4 Interpreting Convention Rights
10.5 The Convention Rights
10.6 Interpretation of Legislation
10.7 International Rights to Housing
PART FOUR: MANAGING THE RELATIONSHIP
11 Managing the Leasehold Relationship
11.1 What is Management?
11.2 Management and Disability Legislation
11.3 Leasehold Estate Management
11.4 Management and Long Residential Leasehold
11.5 Managing Anti-social Behaviour
11.6 Landlords and Third Parties
11.7 Ensuring Effective Management
11.8 Disputes
12 Repair and Maintenance
12.1 Introduction: Standards and Repair
12.2 The State of Tenanted Housing
12.3 Ensuring Good Standards in Rented Property
12.4 The Duty to Repair
12.5 Regulatory Controls
12.6 Beyond Landlord and Tenant Law
12.7 Enforcing Repairing Obligations
12.8 Landlord's Remedies for Breach of Tenant's Repairing Covenant
12.9 Tenant's Remedies for Breach of Landlord's Repairing Covenant
12.10 Improvements and Alterations
13 Using, Insuring and Servicing Tenanted Property
13.1 Introduction
13.2 User
13.3 Insurance
13.4 Service Charges
14 Rent
14.1 Introduction
14.2 Setting the Rent
14.3 Fixing Initial Rent Levels
15 Residential Rents
15.1 Setting Rents in the Social Sector
15.2 Rent Control
15.3 Ensuring Affordability through Welfare Payments
15.4 The Tolerated Trespasser and Payment for Occupation
16 Varying the Rent and Ensuring Payment
16.1 Introduction
16.2 Variation of the Rent during a Tenancy
16.3 Overpaying the Rent
16.4 Ensuring Payment
16.5 Remedies for Non-payment
16.6 Cesser of Rent
PART FIVE: CHANGING THE PARTIES TO THE RELATIONSHIP
17 Alienation, Transfer and Succession
17.1 General Introduction
17.2 Change of Tenant
17.3 Obtaining Consent
17.4 Covenants against Alienation
17.5 Alienation Covenants in Particular Sectors
17.6 Disposition in Breach of an Ali

Über Autor(innen)

Susan Bright is Professor of Land Law, and McGregor Fellow at New College, Oxford.