A Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation,…mehr
A Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contains useful features such as: extracts from the Model Commercial Leasekey case summaries, a glossary and chapter summariesfurther reading lists In addition, students on the Legal Practice Course and Bar Professional Training Course will find this to be a useful supplementary resource as will professional surveyors and lawyers looking for a refresher on the latest landlord and tenant law.
Emily Walsh is a Senior Lecturer at the Faculty of Business and Law, University of Portsmouth, UK.
Inhaltsangabe
Part 1 Chapter 1: Introduction1.1 Introduction 1.2 The historical context 1.3 The relationship between landlord and tenant 1.4 Introduction to human rights 1.5 Different types of leases
Chapter 2: Leases and licences2.1 Introduction 2.2 Essential elements of a lease 2.3 Exclusive possession 2.4 Sham provisions 2.5 Multiple occupiers 2.6 Certainty of term 2.7 Rent 2.8 The importance of the lease/licence distinction in commercial tenancies 2.9 Conclusion
Chapter 3: Formalities3.1 Introduction 3.2 Agreements for lease 3.3 Consequences of an equitable tenancy
Part 2 Chapter 4: Structure of the lease and introduction to obligations4.1 Structure of the lease 4.2 Contents of the lease 4.3 Obligations in the lease 4.4 Remedies
Chapter 5: Implied obligations5.1 Introduction to implied obligations 5.2 The covenant for quiet enjoyment 5.3 The rule against derogation from grant 5.4 Derogation from grant versus quiet enjoyment 5.5 Introduction to implied repairing obligations 5.6 Tenant's implied obligations 5.7 Right to rent
Chapter 6: Express obligations6.1 Introduction 6.2 Interpretation of covenants 6.3 Express obligations in commercial leases 6.4 Express and implied provisions in residential leases 6.5 Use provisions 6.6 Insurance provisions 6.7 Alterations and improvements 6.8 Service charge 6.9 Options to renew/purchase
Chapter 7: Repair and maintenance7.1 Introduction 7.2 What is repair? 7.3 Implied obligations at common law 7.4 Common law obligations 7.5 Statutory liability from outside landlord and tenant law 7.6 Housing standards 7.7 Remedies 7.8 Reform
Chapter 8: Rent8.1 The requirement for rent in leases 8.2 Time and manner of payment 8.3 Cesser of rent 8.4 Set-off 8.5 Other sums 'reserved as rent' 8.6 Setting a rent 8.7 Tenant holding over 8.8 Remedies for non-payment of rent 8.9 Rent variation 8.10 Guarantees 8.11 Rent deposits
Chapter 9: Assignment and subletting9.1 Introduction 9.2 Covenants restricting the right to assign and sublet 9.3 Public sector tenancies 9.4 Remedies for breach of covenant not to assign or sublet 9.5 Enforceability of covenants on assignment
Chapter 10: Termination10.1 Introduction 10.2 Repudiation 10.3 Frustration 10.4 Forfeiture 10.5 Surrender 10.6 Merger 10.7 Break Clauses 10.8 Insolvency 10.9 Termination of periodic tenancies 10.10 Termination where there is no 'right to rent'
Chapter 11: Green leases11.1 Introduction 11.2 Drivers for green lease provisions 11.3 Split incentives 11.4 Legislative drivers 11.5 Green lease provisions
Part 3 Chapter 12: Introduction to business tenancies12.1 Introduction 12.2 Who is a business tenant? 12.3 Compensation for improvements under the LTA 1927
Chapter 13: Contracting out, continuation and termination13.1 Introduction 13.2 Contracting Out 13.3 Continuation tenancies 13.4 Termination
Chapter 14: Grounds of opposition to grant of a new business lease14.1 Introduction 14.2 Disrepair 14.3 Persistent delay in paying rent 14.4 Substantial breaches of the lease or some other reason 14.5 Suitable alternative accommodation 14.6 Uneconomic subletting 14.7 Demolition and reconstruction 14.8 Occupation by the landlord 14.9 Compensation 14.10 Near miss orders
Chapter 15: The Code for Leasing Business Premises and the Model Commercial Lease15.1 The Code for Leasing Business Premises 2007 15.2 The main provisions of the Code 15.3 The extent of the influence of the Code 15.4 Commercial Landlords Accreditation Scheme 15.5 Standard-form leases - a short introduction 15.6 The Model Commercial Lease 15.7 Format of the MCL 15.8 Uptake of the MCL
Part 4 Chapter 16: Introduction to residential tenancies16.1 Introduction 16.2 Statutory codes for tenants other than under a 'long lease at a low rent' 16.3 Long leases at low rents 16.4 Residential tenancies in Wales 16.5 The Immigration Act and the 'right to rent'
Chapter 17: Rent Act tenancies17.1 Introduction 17.2 Protected tenancies under the Rent Act 1977 17.3 Tenancies excluded from protection 17.4 Rent regulation 17.5 Statutory tenancies 17.6 Recovery of possession 17.7 Restricted contracts
Chapter 18: Assured and assured shorthold tenancies18.1 Introduction 18.2 What is an assured tenancy? 18.3 Statutory exclusions 18.4 Terms of an assured tenancy 18.5 Security of tenure 18.6 Demotion of an assured tenancy 18.7 Assured shorthold tenancies 18.8 Recovery of possession by the landlord
Chapter 19: Secure tenancies19.1 Introduction 19.2 LHAs, HATs, PRPs and RSLs 19.3 Secure tenancies 19.4 Statutory exclusions 19.5 Terms of the secure tenancy 19.6 Security of tenure 19.7 Demotion of a secure tenancy 19.8 Succession 19.9 Possession 19.10 Right to buy 19.11 Right to acquire for tenants of RSLs and PRPs 19.12 Disposals under the right to buy and the right to acquire
Chapter 20: Protection from eviction andharassment20.1 Introduction 20.2 Contractual protection 20.3 Claims in tort 20.4 Civil remedies 20.5 Criminal sanctions
Chapter 21: Long residential leases21.1 Introduction 21.2 Management and service charge provisions under long leases 21.3 Managing agents 21.4 The right to manage (CLRA Ch. 1 of Pt. 2)
Chapter 22: Long leases and enfranchisement22.1 Introduction 22.2 Enfranchisement and human rights 22.3 Security of tenure 22.4 Individual enfranchisement for tenants of houses: the Leasehold Reform Act 1967 22.5 Collective enfranchisement for tenants of flats: the Leasehold Reform, Housing and Urban Development Act 1993 22.6 New long leases 22.7 Right of first refusal under the Landlord and Tenant Act 1987, Part 1
Chapter 23: Commonhold
23.1 Introduction 23.2 Nature of commonhold 23.3 Land which cannot be commonhold 23.4 Registration of commonhold
Part 1 Chapter 1: Introduction1.1 Introduction 1.2 The historical context 1.3 The relationship between landlord and tenant 1.4 Introduction to human rights 1.5 Different types of leases
Chapter 2: Leases and licences2.1 Introduction 2.2 Essential elements of a lease 2.3 Exclusive possession 2.4 Sham provisions 2.5 Multiple occupiers 2.6 Certainty of term 2.7 Rent 2.8 The importance of the lease/licence distinction in commercial tenancies 2.9 Conclusion
Chapter 3: Formalities3.1 Introduction 3.2 Agreements for lease 3.3 Consequences of an equitable tenancy
Part 2 Chapter 4: Structure of the lease and introduction to obligations4.1 Structure of the lease 4.2 Contents of the lease 4.3 Obligations in the lease 4.4 Remedies
Chapter 5: Implied obligations5.1 Introduction to implied obligations 5.2 The covenant for quiet enjoyment 5.3 The rule against derogation from grant 5.4 Derogation from grant versus quiet enjoyment 5.5 Introduction to implied repairing obligations 5.6 Tenant's implied obligations 5.7 Right to rent
Chapter 6: Express obligations6.1 Introduction 6.2 Interpretation of covenants 6.3 Express obligations in commercial leases 6.4 Express and implied provisions in residential leases 6.5 Use provisions 6.6 Insurance provisions 6.7 Alterations and improvements 6.8 Service charge 6.9 Options to renew/purchase
Chapter 7: Repair and maintenance7.1 Introduction 7.2 What is repair? 7.3 Implied obligations at common law 7.4 Common law obligations 7.5 Statutory liability from outside landlord and tenant law 7.6 Housing standards 7.7 Remedies 7.8 Reform
Chapter 8: Rent8.1 The requirement for rent in leases 8.2 Time and manner of payment 8.3 Cesser of rent 8.4 Set-off 8.5 Other sums 'reserved as rent' 8.6 Setting a rent 8.7 Tenant holding over 8.8 Remedies for non-payment of rent 8.9 Rent variation 8.10 Guarantees 8.11 Rent deposits
Chapter 9: Assignment and subletting9.1 Introduction 9.2 Covenants restricting the right to assign and sublet 9.3 Public sector tenancies 9.4 Remedies for breach of covenant not to assign or sublet 9.5 Enforceability of covenants on assignment
Chapter 10: Termination10.1 Introduction 10.2 Repudiation 10.3 Frustration 10.4 Forfeiture 10.5 Surrender 10.6 Merger 10.7 Break Clauses 10.8 Insolvency 10.9 Termination of periodic tenancies 10.10 Termination where there is no 'right to rent'
Chapter 11: Green leases11.1 Introduction 11.2 Drivers for green lease provisions 11.3 Split incentives 11.4 Legislative drivers 11.5 Green lease provisions
Part 3 Chapter 12: Introduction to business tenancies12.1 Introduction 12.2 Who is a business tenant? 12.3 Compensation for improvements under the LTA 1927
Chapter 13: Contracting out, continuation and termination13.1 Introduction 13.2 Contracting Out 13.3 Continuation tenancies 13.4 Termination
Chapter 14: Grounds of opposition to grant of a new business lease14.1 Introduction 14.2 Disrepair 14.3 Persistent delay in paying rent 14.4 Substantial breaches of the lease or some other reason 14.5 Suitable alternative accommodation 14.6 Uneconomic subletting 14.7 Demolition and reconstruction 14.8 Occupation by the landlord 14.9 Compensation 14.10 Near miss orders
Chapter 15: The Code for Leasing Business Premises and the Model Commercial Lease15.1 The Code for Leasing Business Premises 2007 15.2 The main provisions of the Code 15.3 The extent of the influence of the Code 15.4 Commercial Landlords Accreditation Scheme 15.5 Standard-form leases - a short introduction 15.6 The Model Commercial Lease 15.7 Format of the MCL 15.8 Uptake of the MCL
Part 4 Chapter 16: Introduction to residential tenancies16.1 Introduction 16.2 Statutory codes for tenants other than under a 'long lease at a low rent' 16.3 Long leases at low rents 16.4 Residential tenancies in Wales 16.5 The Immigration Act and the 'right to rent'
Chapter 17: Rent Act tenancies17.1 Introduction 17.2 Protected tenancies under the Rent Act 1977 17.3 Tenancies excluded from protection 17.4 Rent regulation 17.5 Statutory tenancies 17.6 Recovery of possession 17.7 Restricted contracts
Chapter 18: Assured and assured shorthold tenancies18.1 Introduction 18.2 What is an assured tenancy? 18.3 Statutory exclusions 18.4 Terms of an assured tenancy 18.5 Security of tenure 18.6 Demotion of an assured tenancy 18.7 Assured shorthold tenancies 18.8 Recovery of possession by the landlord
Chapter 19: Secure tenancies19.1 Introduction 19.2 LHAs, HATs, PRPs and RSLs 19.3 Secure tenancies 19.4 Statutory exclusions 19.5 Terms of the secure tenancy 19.6 Security of tenure 19.7 Demotion of a secure tenancy 19.8 Succession 19.9 Possession 19.10 Right to buy 19.11 Right to acquire for tenants of RSLs and PRPs 19.12 Disposals under the right to buy and the right to acquire
Chapter 20: Protection from eviction andharassment20.1 Introduction 20.2 Contractual protection 20.3 Claims in tort 20.4 Civil remedies 20.5 Criminal sanctions
Chapter 21: Long residential leases21.1 Introduction 21.2 Management and service charge provisions under long leases 21.3 Managing agents 21.4 The right to manage (CLRA Ch. 1 of Pt. 2)
Chapter 22: Long leases and enfranchisement22.1 Introduction 22.2 Enfranchisement and human rights 22.3 Security of tenure 22.4 Individual enfranchisement for tenants of houses: the Leasehold Reform Act 1967 22.5 Collective enfranchisement for tenants of flats: the Leasehold Reform, Housing and Urban Development Act 1993 22.6 New long leases 22.7 Right of first refusal under the Landlord and Tenant Act 1987, Part 1
Chapter 23: Commonhold
23.1 Introduction 23.2 Nature of commonhold 23.3 Land which cannot be commonhold 23.4 Registration of commonhold
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