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Vol 21 No 11 Nov/Dec 2016

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Landlord and Tenant Law in Context


ISBN13: 9781841137223
Previous Edition ISBN: 0198763492
Published: December 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £41.00



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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 way that leases are differently used and regulated.

Subjects:
Landlord and Tenant Law
Contents:
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