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1
Francis, Andrew. "Landlord and Tenant Law." Journal of Building Appraisal 3, no. 3 (September 2007): 237–38. http://dx.doi.org/10.1057/palgrave.jba.2950078.
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Malkawi, Bashar H. "Regulating Tenancy Relationships in Jordan: Pro-Landlord, Neutral, and Pro-Tenant." Arab Law Quarterly 25, no. 1 (2011): 1–26. http://dx.doi.org/10.1163/157302511x540808.
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AbstractThe legal relationship between landlords and tenants has always been a complex issue. This article analyzes landlord‐tenant legal relationships in Jordan and the extent to which the legal rules are pro-landlord, neutral, or pro-tenant. The analysis will help in providing proposals for reforming the law in a manner that take the interests of all parties involved into account. This article concludes by arguing that legislation on landlord and tenant relations in Jordan is weakened by the conflicting rules in the Civil Code and the Landlord‐Tenant Law.
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Krent, Mollie. "Remediating Racism for Rent: A Landlord’s Obligation Under the FHA." Michigan Law Review, no. 119.8 (2021): 1757. http://dx.doi.org/10.36644/mlr.119.8.remediating.
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The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I illustrates how the purpose and text of the FHA and analogous civil rights provisions suggest that a landlord should be held liable for her response to tenant-on-tenant harassment. Part II analyzes the standards of liability for tenant-on-tenant harassment that currently exist in the context of the FHA. Part III argues that a negligence standard of liability best accounts for the special status of the home and the unique nature of the landlord-tenant relationship.
4
Haley, Michael. "The statutory regulation of business tenancies: private property, public interest and political compromise." Legal Studies 19, no. 2 (June 1999): 207–28. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00092.x.
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The need for the statutory regulation of business tenancies was officially recognised towards the end of the nineteenth century. The mischief complained of was that some landlords held their tenants to ransom by demanding an inflated rent as a condition of a lease renewal. This was particularly harsh for the tenant who had built up business goodwill and carried out improvements to the premises. Despite the organisation of commercial tenants and the growth of political lobbying, it was not until Landlord and Tenant Act 1927 that controls emerged which provided compensation for loss of goodwill and improvements. The inadequacy of these provisions, however, entailed that tenant discontent and lobbying persisted until the enactment of the Landlord and Tenant Act 1954. This paper charts the social and political change which brought about this significant retreat from market forces and the gradual recognition that security of tenure, as opposed to financial safeguards, was the necessary response. The controls established in 1954 have, remarkably, survived almost intact and, subject to some fine tuning, will continue to do so. This paper addresses the issue why the commercial code has, in marked distinction to its residential and agricultural counterparts, remained immune to shifts in political policy during a sustained period of deregulation in landlord and tenant law.
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Haley, Michael. "Business tenancies and interventionism: the relegation of policy?" Legal Studies 13, no. 2 (July 1993): 225–40. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00482.x.
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Part II of the Landlord and Tenant Act 1954 is a measure of protective legislation that concerns purely commercial relationships and it is apparent that the degree of protection, and the need to redress inequality, is less than, say, with the housing market. The Act represents an unusual and complex measure of political and economic engineering. By an interference with the parties' freedom of contract, the policy of the Act is to provide security of tenure and to promote equality ofbargaining strength between commercial landlord and tenant. The aim was to prevent a tenant at the end of the contractual term facing business closure or being compelled to accept a new lease at an exorbitant rent. Although a derogation from the common law rights of the landlord, the Act was intended to make only limited inroads on the free market. In contrast to such areas as employment law and residential lettings, the transition from contract to status was to occur with a minimal disruption of market forces.
6
Bridge, Stuart. "Landlord and Tenant: Where the Buck Stops." Cambridge Law Journal 51, no. 3 (November 1992): 425–27. http://dx.doi.org/10.1017/s0008197300084762.
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David S. DeHorse. "A System Model for Landlord & Tenant Law." Dankook Law Riview 35, no. 2 (December 2011): 185–242. http://dx.doi.org/10.17252/dlr.2011.35.2.007.
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Gowing, Samantha. "Rent Strikes and Tenant Power: Supporting Rent Strikes in Residential Landlord-Tenant Law." Michigan Law Review, no. 120.5 (2022): 877. http://dx.doi.org/10.36644/mlr.120.5.rent.
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For more than a century, low-income tenants across cities in the United States have protested and organized together against unjust housing conditions. Yet landlords continue to evade accountability, leaving mold, pests, lead paint, unclean water, and innumerable other issues unaddressed. On top of habitability concerns, the past several decades of gentrification have displaced hundreds of thousands of Black and brown residents from their communities. To address these issues, legal reforms have focused on either housing-market regulation or individual rights devoid of effective enforcement mechanisms. These reforms fall short. Tenant power, not just tenant-focused housing reform, should be a concern of policymakers and legal scholars. This Note focuses specifically on rent strikes as an important organizing strategy that the law can and should better support. Legislation supporting rent strikes has the potential to offer tenants powerful tools as they organize for their communities and secure access to quality and affordable housing. This Note proposes a cluster of four legislative proposals that reflect tenants’ ongoing organizing strategies and, if enacted, would enhance tenants’ autonomy in their private bargaining with landlords.
9
Gowing, Samantha. "Rent Strikes and Tenant Power: Supporting Rent Strikes in Residential Landlord-Tenant Law." Michigan Law Review, no. 120.5 (2022): 877. http://dx.doi.org/10.36644/mlr.120.5.rent.
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For more than a century, low-income tenants across cities in the United States have protested and organized together against unjust housing conditions. Yet landlords continue to evade accountability, leaving mold, pests, lead paint, unclean water, and innumerable other issues unaddressed. On top of habitability concerns, the past several decades of gentrification have displaced hundreds of thousands of Black and brown residents from their communities. To address these issues, legal reforms have focused on either housing-market regulation or individual rights devoid of effective enforcement mechanisms. These reforms fall short. Tenant power, not just tenant-focused housing reform, should be a concern of policymakers and legal scholars. This Note focuses specifically on rent strikes as an important organizing strategy that the law can and should better support. Legislation supporting rent strikes has the potential to offer tenants powerful tools as they organize for their communities and secure access to quality and affordable housing. This Note proposes a cluster of four legislative proposals that reflect tenants’ ongoing organizing strategies and, if enacted, would enhance tenants’ autonomy in their private bargaining with landlords.
10
Dowden, Malcolm. "Law briefing." Journal of Property Investment & Finance 32, no. 2 (February 25, 2014): 202–7. http://dx.doi.org/10.1108/jpif-12-2013-0067.
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Purpose – This legal update examines the implications for commercial landlords of regulations required to be made under Energy Act 2011, and to come into force by 1 April 2018. Under those regulations, a landlord “may not let” commercial premises falling below a specified energy performance rating (likely to be E). The sanction of market deprivation arguably represents a significant shift in the balance between incentive and compulsion as the key policy tool adopted by the UK Government in seeking to improve the energy performance of commercial buildings. The paper aims to discuss these issues. Design/methodology/approach – The paper sets out and reflects a practitioner's concerns relating to the proposed new sanction of market deprivation. It identifies and highlights practical difficulties likely to be encountered when considering the interaction of the proposed regulations with existing statute (e.g. Landlord and Tenant Act 1954) and contractual provisions such as tenant break clauses. Findings – The prospect of being unable to let commercial premises that fall below a specified energy efficiency rating must focus landlord attention on rights to enter to carry out improvement works. The paper identifies a potentially significant trap for landlords in the model green lease clauses issued by the Better Buildings Partnership where tenant consent is required. Research limitations/implications – The paper does not reflect extensive or exhaustive academic research. Consistently with its purpose a legal update, it identifies key issues likely to be encountered by practitioners. Practical implications – The principal practical implication is the need for landlords and their professional advisors to consider as part of any current lease negotiations the need to secure rights of entry for landlords to carry out improvement works where premises are at risk of falling below the energy performance rating likely to be specified in regulations to be made under Energy Act 2011, s 49. Originality/value – The paper reflects a practitioner's views, developed through client matters and also through designing and delivering professional training sessions, on the likely implications of the requirement for regulations under Energy Act 2011.
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Stern, Stephanie M. "Rent Control Sharing." Law & Ethics of Human Rights 13, no. 2 (November 18, 2019): 141–78. http://dx.doi.org/10.1515/lehr-2019-2004.
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Abstract Rent-control laws limiting the rents private landlords can charge tenants are controversial in the United States. Critics have condemned rent control’s mandated wealth transfer from landlords to tenants, and economists have decried its negative effects on rental supply and quality. With the advent of the sharing economy, rent-controlled tenants can rent out their below-market units for short durations at market-level or premium prices, a practice I term “rent control sharing.” The reaction to rent-controlled tenants pocketing money from Airbnb and other homesharing sites at the expense of their hapless landlords has been negative. Yet, the sharing economy has not changed an essential feature of rent control: the redistribution of wealth from landlord to tenant. Instead, Airbnb and similar platforms have altered the form of the redistribution and the legal relations between landlord and tenant, and increased the salience of the wealth transfer from landlord to tenant. As a result, rent control sharing collides with public preferences for in-kind redistribution and stronger legal protections for property used personally or intimately. This Article explores how rent control sharing accentuates some of the flaws of rent control and fuels the debate over rent control’s future.
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Bjorklun, Eugene C. "Teaching about Landlord-Tenant Law: Activities for the Classroom." Social Studies 82, no. 4 (August 1991): 158–64. http://dx.doi.org/10.1080/00377996.1991.9958328.
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Clarke, Malcolm. "Landlord and Tenant—Insurer Bien Cuit in Berni Inn." Cambridge Law Journal 45, no. 1 (March 1986): 22–25. http://dx.doi.org/10.1017/s0008197300115727.
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Hayward, Mark. "Exclusive possession or the intention of the parties? The relation of landlord and tenant in Northern Ireland." Northern Ireland Legal Quarterly 68, no. 2 (August 9, 2017): 202–23. http://dx.doi.org/10.53386/nilq.v68i2.35.
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The seminal House of Lords judgment in Street v Mountford established that the test for distinguishing between a lease and a licence is whether the occupant has been granted exclusive possession of the premises. The test is objective: the relation of landlord and tenant exists where exclusive possession has been granted, regardless of the intention of the parties. However, this stands at odds with the law in both parts of Ireland, where s 3 of Deasy's Act states that the relation of landlord and tenant 'shall be deemed to be founded on the . . . contract of the parties'. This article analyses the historical background that led to Deasy's Act, surveys contemporary case law in both parts of Ireland on leases vs licences and argues that the law in this area in Northern Ireland differs from that in England and Wales.
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Deria, Desy, and Irwan Setiawan. "ANALISA PELAKSANAAN URBUN DALAM SEWA MENYEWA KONTRAKAN BERDASARKAN TEORI MASLAHAH." Jurnal Al-fatih Global Mulia 4, no. 1 (July 26, 2022): 39–54. http://dx.doi.org/10.59729/alfatih.v4i1.50.
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Humans are social creatures who need one individual to another. Therefore, humans cannot live alone without others' services or assistance. They meet each other in order to meet their daily needs, one of which is by renting. The problem of rented rent that occurs in Cikarang Pusat, Bekasi is the practice of applying down payments according to Maslahah theory. Renting is a form of muamalah activity that humans often do to make ends meet. This need can be in the form of benefits of goods or services that they do not have, such as renting a temporary residence. Some people in Cikarang Pusat, Bekasi rented houses for temporary living by applying down payment. Meanwhile, the majority of Ulama argued that the application of down payment is prohibited and the law is invalid for it contains gharar (vagueness) elements. This study aims to investigate the application of down payment in rent in Cikarang Pusat, Bekasi according to maslahah theory. This research is a qualitative descriptive research with interview and documentation data collection methods. The research documentation used references relating to rent, down payments and others related to this research. The results of this study indicated that the application of down payment in rented rent in Cikarang Pusat Bekasi was done through paying a portion of the money at the beginning of the rent as a sign of it. The remaining payment then was paid at a later date according to the agreement. If the tenant continued the rent, the down payment would be counted as rent payment. However, if the tenant canceled the transaction, the down payment became the property of the landlord. In applying this down payment, there were parties who felt aggrieved by both the landlord and the tenant. It was allowed, because there were provisions related to down payment stated in the Compilation of Sharia Economic Laws; if the transaction cancellation was carried out by the tenant, the down payment was no needed to be returned by the landlord. However, if the cancellation was made by the landlord, the down payment had to be returned to the tenant. In addition, it was carried out with the aim of avoiding any broken promises between the landlord and the tenant.
16
Reosti, Anna. "“We Go Totally Subjective”: Discretion, Discrimination, and Tenant Screening in a Landlord’s Market." Law & Social Inquiry 45, no. 3 (February 28, 2020): 618–57. http://dx.doi.org/10.1017/lsi.2019.81.
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AbstractThis article examines the challenges that the contemporary political economy of rental housing poses for new efforts to regulate tenant screening using antidiscrimination law. I draw on a case study of landlord practices in Seattle, Washington, where policy makers have been on the forefront of legal efforts to regulate how landlords screen and select rental applicants in the face of an acute housing crisis. The case study investigates tenant screening and selection practices from the divergent perspectives of the targets and intended beneficiaries of new fair housing regulations, using forty-six in-depth interviews with spokespersons or experts from the rental housing industry, independent landlords and property managers, and renters with criminal, eviction, and/or damaged credit histories. I use these data to examine how landlords’ discretionary decision-making and responses to regulation are shaped by the broader legal, institutional, and economic context in which they operate. The findings illuminate how a “landlord’s market” amplifies the power imbalance that is characteristic of landlord-tenant relations, exacerbates the housing access problems posed by the proliferation of background checks, and frustrates new legal efforts to dismantle screening-related barriers to rental housing.
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Eller, Klaas Hendrik. "The political economy of tenancy contract law – towards holistic housing law." European Law Open 1, no. 4 (December 2022): 987–1005. http://dx.doi.org/10.1017/elo.2023.8.
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AbstractEurope’s aggravating housing crisis lies in the blind spots of law. While central in constructing housing both as a home and as an asset, law bears the task of mediating between housing’s multiple – social, economic, and cultural – dimensions. However, inner-legal fragmentation and a legal imaginary of property, the nation state, and its welfare system have depoliticized, deflected and rendered inaccessible the ‘housing question’. Turning to tenancy contract law in particular, this article argues that the ‘social’ orientation of this early example of a ‘materialised’ field of contract law is not only ill-suited to reflect the recent structural shifts in the housing market brought about through financialisation. Tenancy contract law has effectively taken a conservative drift by claiming to adequately administer the bilateral landlord–tenant relation while being insensitive to macro-level developments. Tenancy contract law reindividualises tenant responsibility in the eye of hardships whose roots lie outside the contractual sphere and thereby furthers, rather than curtails, neoliberal housing policies. As a reaction, the article proposes political economy as a conceptual vantage point from which to develop a ‘holistic housing law’. Such a perspective combines a concern for democratic and collective agency with careful attention to law’s tacit and technical role in shaping the flow of finance and the techniques of landlords’ governmentality. Part of this is a ‘transformative tenancy law’, to be reformulated to protect not against landlord bargaining power in the first place but against a hegemonic and expansive market rationality that structurally corrupts the social and material meaning of housing.
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Bridge, Stuart. "Modernising remedies for breach of repairing covenants." Cambridge Law Journal 58, no. 2 (July 1999): 265–93. http://dx.doi.org/10.1017/s0008197399282013.
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THE obvious, and potentially most effective, remedy for breach of a repairing covenant in a lease is specific performance. All such decrees are of course discretionary. Although there are “well-established principles which govern the exercise of the discretion . . . these, like all equitable principles, are flexible and adaptable to achieve the ends of equity” (per Lord Hoffmann in Co-operative Insurance Society Ltd. v. Argyll Stores (Holdings) Ltd. [1998] A.C. 1, 9). However, since the decision of Lord Eldon L.C. in Hill v. Barclay (1810) 16 Ves. 402, specific performance of repairing covenants was considered generally unavailable on three grounds: the want of mutuality between landlord and tenant; the impossibility of defining adequately the works to be done; and the need for the constant supervision of the court to ensure that effective compliance is obtained. In its 1996 Report on Landlord and Tenant: Responsibility for State and Condition of Property (Law Com. No. 238), the Law Commission recommended legislation to give the court power to make orders for specific performance in any lease or tenancy. Now, the High Court appears to have made legislation unnecessary. In Rainbow Estates Ltd. v. Tokenhold Ltd. [1999] Ch. 64 (Lawrence Collins Q.C. sitting as a deputy) it has done Parliament's work for it.
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Smith, P. F. "A nasty measure – Part I Landlord and Tenant Act of the 1987." Legal Studies 12, no. 1 (March 1992): 42–53. http://dx.doi.org/10.1111/j.1748-121x.1992.tb00456.x.
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In October 1985, the Nugee Committee produced a well-received Report. It drew attention to a number of diverse problems relating to the management of leasehold flats, most especially those faced by lessees. These were said to include excessive delays in carrying out repairs, complaints as to the level of service charges and difficulties in the enforcement of lessors' obligations. It goes without saying that the slow and inevitable structural deterioration which inevitably takes place as a building ‘ages’ will risk being accelerated by any dilapidations caused by the neglect ofthe lessor regularly to comply with his repairing obligations. In this and similar circumstances of mismanagement (such as a failure regularly to collect service charges) the value, credit-worthiness and saleability of the lessees' interests are all put at risk.
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Bridge, Stuart. "Former Tenants, Future Liabilities and the Privity of Contract Principle: The Landlord and Tenant (Covenants) Act 1995." Cambridge Law Journal 55, no. 2 (July 1996): 313–57. http://dx.doi.org/10.1017/s0008197300098196.
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It is perfectly settled by a multitude of decisions, that, notwithstanding an assignment of his lease, the lessee continues liable on the personal privity of contract, to the payment of rent and the performance of the covenants, during the whole term; although the lessor concur in the assignment, or, by acceptance of rent, or otherwise, recognise the assignee as his tenant; and although the breach be committed after the assignment; and although a tender be made by the assignee for the very rent for which the lessee is sued; for if a plea of assignment and tender could be supported, a lessor might be compelled to accept an assignee contrary to his inclination. Indeed, by no act of his own can the tenant absolve himself from the charge.
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Ástmarsson, Björn, Per Anker Jensen, and Esmir Maslesa. "Sustainable renovation of residential buildings and the landlord/tenant dilemma." Energy Policy 63 (December 2013): 355–62. http://dx.doi.org/10.1016/j.enpol.2013.08.046.
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Akhtar, Zia. "Forfeiture of leases, waiver of the right of entry and mixed use property in English law." European Property Law Journal 11, no. 1-2 (November 1, 2022): 62–72. http://dx.doi.org/10.1515/eplj-2022-0002.
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Abstract Forfeiture is a contractual right under the lease which is a right preserved under Section 24 (2) of the Landlord and Tenant Act 1954. Landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. If a landlord wants to forfeit as a result of a breach (and they have the right to forfeit as is provided for in their lease) and there is rent due, they should not demand or accept rent accruing beyond the date they become aware of the breach, as this would likely amount to a waiver. Under section 146 notice under the Law of Property Act (LPA) 1925 to indicate an intention to forfeit the lease the landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. This article will consider the process of forfeiture in English law and the consequences of waiver by the landlord of breach of term in the lease.
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Haley, Michael. "COMPENSATION FOR BUSINESS TENANTS: MISCHIEF AND MALADY." Cambridge Law Journal 79, no. 3 (November 2020): 490–526. http://dx.doi.org/10.1017/s0008197320000586.
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AbstractThis article focuses upon the provisions and underlying policy of the Landlord and Tenant Acts of 1927 and 1954. It surveys the mischief that each Act was designed to address and, from the perspective of compensation for business tenants, examines critically the legislative response. It demonstrates that the safeguards afforded by the 1927 Act were poorly conceived, ill-constructed and ineffectual. Although the 1954 Act was intended to instil simplicity, certainty and fairness, it fails on all counts. The law remains highly technical, unduly complex, arbitrary in operation and in need of major overhaul.
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Fisher, John. "Property Rights in Pheasants: Landlords, Farmers and the Game Laws, 1860–80." Rural History 11, no. 2 (October 2000): 165–80. http://dx.doi.org/10.1017/s0956793300002089.
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The deference shown by English tenant farmers to their landlords was the despair of English radicals in the nineteenth century. This was especially the case for Cobden and Bright, the leaders of the Anti-Corn Law League. As firm believers in Ricardo's theory of rent, according to which only landowners gained from the Corn Laws, they felt that tenant-farmers should have been the natural allies of the League. Unfortunately, they proved unable to convince farmers of this logic. Their attempts to drive a wedge between landlord and tenant remained unavailing – until 1845, when John Bright raised the question of the game laws in the Commons. The select committee that followed tapped a rich vein of farmer resentment and hostility, one that led nowhere at the time but remained to be exploited for the next forty years.
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Vukelić, Mario. "Zakup i najam nekretnina i stečajni dužnik kao ugovaratelj." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 631–46. http://dx.doi.org/10.30925/zpfsr.38.1.23.
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This paper analyses the legal consequences of initiating insolvency proceedings with respect to entering into, cancellation, termination or withdrawal from a Real Property Lease or Rent Agreement. The position of the insolvency debtor as tenant or lessee, and as landlord or lessor, as well as the right of the insolvency administrator to choose to continue with, to withdraw from, to cancel or terminate such agreements are discussed herein. The provisions of the Insolvency Act and other acts are taken into consideration, since such acts regulate real property lease and rent issues, and which refer to the contractor - insolvency debtor.
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Menzies, Gary R. "Choosing the Right Words: Interpreting Rent Review and Renewal Clauses in Commercial Leases." Alberta Law Review 34, no. 4 (August 1, 1996): 853. http://dx.doi.org/10.29173/alr1075.
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This article examines the various ways that courts have interpreted rent review and rent renewal clauses in commercial leases. Both the subjective and objective approaches are discussed and cases illustrative of these approaches are examined. The author then outlines the implications of restriction on use clauses in this area; case law is discussed and practical drafting hints are suggested. Finally, sample rent renewal clauses are provided, favourable to both landlord and tenant respectively.
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Hatch, Megan E. "Statutory Protection for Renters: Classification of State Landlord–Tenant Policy Approaches." Housing Policy Debate 27, no. 1 (April 20, 2016): 98–119. http://dx.doi.org/10.1080/10511482.2016.1155073.
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Ramos, Bolaji S. "Understanding the essential principles of landlord and tenant laws in Nigeria through judicial decisions." Commonwealth Law Bulletin 46, no. 1 (January 2, 2020): 151–73. http://dx.doi.org/10.1080/03050718.2020.1714456.
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Quester, Amanda. "Evolution before Revolution: Dynamism in Connecticut Landlord-Tenant Law Prior to the Late 1960s." American Journal of Legal History 48, no. 4 (October 1, 2006): 408. http://dx.doi.org/10.2307/25469982.
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Wolkoff, Adam. "Every Man His Own Avenger: Landlord Remedies and the Antebellum Roots of the Crop Lien and Chattel Mortgage in the United States." Law and History Review 35, no. 1 (December 5, 2016): 131–54. http://dx.doi.org/10.1017/s0738248016000511.
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The crop lien was more than a strange fruit of emancipation, a hard-fought compromise, or a pragmatic choice. Its legal logic rested on several generations’ experience with capitalist social relations in the antebellum North, where intense pressures on land use in urban cores and their agricultural hinterlands promoted contestation and experimentation in the ancient body of landlord–tenant law. Northerners designed the crop lien as a way to disentangle contract from property: to strip the lease of its common law guarantee of exclusive possession and shift the burden onto tenants to bargain for it.1
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Petrov, Ivan, and Lisa Ryan. "The landlord-tenant problem and energy efficiency in the residential rental market." Energy Policy 157 (October 2021): 112458. http://dx.doi.org/10.1016/j.enpol.2021.112458.
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Eissing, Christin. "Distinguishing German Residential and Commercial Tenancy Law: Are Tenant and Landlord in an Equal Position?" Udayana Journal of Law and Culture 7, no. 1 (January 30, 2023): 25. http://dx.doi.org/10.24843/ujlc.2023.v07.i01.p02.
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The German housing market, particularly in major cities, is very tight. This situation makes Tenancy Law the issue that has attracted the most attention in local and federal elections. This article presents and illustrates various methods of protecting the individual parties to a lease contract. Besides, it highlights the differences between Residential Tenancy Law and Commercial Tenancy Law and explains why legislation distinguishes between these two types of tenancies. This research establishes arguments and interpretations from relevant laws and regulations, including the German Civil Code and German General Equal Treatment Act, and judicial decisions that clarified the legal relations between tenants and landlords. This article concludes that Tenancy Law in Germany distinguishes in different ways between Residential Tenancy Law and Commercial Tenancy Law from legal, social, and economic perspectives. It also infers that the provisions stipulated in German Tenancy Law protect the tenant's right while remaining attractive for landlords to offer the house(s) for rent.
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Willems, Constantin. "„Urbanes” Mietrecht? Der römische Wohnungsmarkt zwischen Preismechanismus und Intervention." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 136, no. 1 (June 26, 2019): 233–70. http://dx.doi.org/10.1515/zrgr-2019-0009.
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Abstract 'Urban' tenancy law? The Roman rental market between price mechanism and intervention. Renting a flat in Roman times did not come cheap. The Roman jurists left the determination of the merces up to the parties to the locatio conductio and permitted them to circumvent each other in the course of the contract negotiations (se invicem circumscribere) – a rule that at first glance seems to privilege the landlord. In this paper, it is suggested that the system of sub-rent of insulae and the standardized Roman rental year, starting each year at the calends of July, contributed to a reduction in asymmetry of bargaining power between landlord and tenant. Only in exceptional cases there were external interventions in the price mechanism: In the perils of the civil war, Julius Caesar and Octavian issued laws remitting the annual rent below 500 sesterces for the inhabitants of Italy and below 2,000 sesterces for those of the city of Rome. In conclusion, these structures and rules show that in this regard, Roman tenancy law was specifically designed with a view to the inhabitants of the city of Rome and thus can be qualified as 'urban' law.
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Maass, Sue-Mari. "Rent Control: A Comparative Analysis." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 4 (May 29, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2510.
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Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently facing eviction orders – and consequential homelessness – on the basis that their leases have expired. In terms of the case law it is evident that once their leases have expired, these households do not have access to alternative accommodation. In terms of the Constitution, this group of marginalised tenants have a constitutional right of access to adequate housing and a right to occupy land with legally secure tenure. The purpose of this article is to critically analyse a number of legislative interventions, and specifically rent control, that were imposed in various jurisdictions in order to provide strengthened tenure protection for tenants. The rationale for this analysis is to determine whether the current South African landlord-tenant regime is able to provide adequate tenure protection for vulnerable tenants and therefore in the process of transforming in line with the Constitution. The legal construction of rent control was adopted in pre-1994 South Africa, England and New York City to provide substantive tenure protection for tenants during housing shortages. These statutory interventions in the different private rental markets were justified on the basis that there was a general need to protect tenants against exploitation by landlords. However, the justification for the persistent imposition of rent control in New York City is different since it protects a minority group of financially weak tenants against homelessness. The English landlord-tenant regime highlights the importance of a well-structured social sector that can provide secure, long-term housing options for low-income households who are struggling to access the private rental sector. Additionally, the English rental housing framework shows that if the social sector is functioning as a "safety net" for low-income households, the private sector would be able to uphold deregulation. In light of these comparisons and the fact that the South African social sector is not functioning optimally yet, the question is whether the South African private sector is able to provide the required level of tenure protection for struggling tenants. Recent case law shows that tenants are at liberty to lodge unfair practice complaints with the Rental Housing Tribunals on the basis that the landlords' ground for termination of the lease constitutes an unfair practice. The Court defined an unfair practice as a practice that unreasonably prejudices the tenants' rights or interests. This judicial development signifies some transformation in the private sector since it allows the Tribunals to scrutinise landlords' reasons for termination of tenancies in light of tenants' personal and socio-economic circumstances. The Tribunals are therefore empowered to weigh the interests of both parties and decide whether to confirm termination of the lease or set aside such termination. In light of this recent development, the Tribunals can provide strengthened tenure protection for destitute tenants on a case by case basis, which incorporates a flexible context-sensitive approach to the provision of secure housing rights in the landlord-tenant framework. This methodology is similar to the German approach. Even though this judicial development is welcomed, it raises some concerns with regard to landlords' property rights and specifically landlords' constitutional property rights since Tribunals are now at liberty to set aside contractually agreed grounds for termination of leases without any statutory guidance. The legislation fails to provide any information regarding legitimate grounds for termination, which might have to be rectified in future. The grounds listed in the rent control legislation should serve as a starting point to determine which grounds for termination of a lease should generally be upheld. However, German landlord-tenant law shows that a statutory ground for termination of a lease should not be imposed in an absolutist fashion but rather place a heavier burden on the tenant to prove why the lease should not come to an end.
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Buhler, Sarah, and Rachel Tang. "Navigating Power and Claiming Justice: Tenant Experiences at Saskatchewan’s Housing Law Tribunal." Windsor Yearbook of Access to Justice 36 (September 18, 2020): 210–30. http://dx.doi.org/10.22329/wyaj.v36i0.6421.
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This article discusses a qualitative interview project where twenty tenants shared their experiences about having hearings at the Office of Residential Tenancies [the ORT], Saskatchewan’s housing law tribunal. The interviews provide insights into housing problems faced by tenants, their experiences with self-representation at the ORT, and their reflections about the outcomes of their cases. We analyze how tenants prepared for their hearings, their experiences of the hearing process, and their perceptions of fairness throughout the process. We then discuss participants’ assessments of whether they received “justice” at the ORT. The interviews illuminate the ways that the same patterns of power and inequality that produce housing problems in the first place persist but are also occasionally interrupted and exposed in the housing tribunal process. They show also that tenants use the ORT to make important claims about justice and to resist landlord power in the face of larger patterns of inequality and exploitation.
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Et.al, Saslina Kamaruddin. "The Legalities of Trespass to Tenancyin Malaysia." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 11, 2021): 768–75. http://dx.doi.org/10.17762/turcomat.v12i3.783.
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The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which spells out the rights and obligations of both parties. Despite having the legal agreements, it has been reported that many issues arise, such as trespass committed by landlords to the tenanted property and recovering losses from the tenants who disappeared. As of today, the country has yet to enact specific legislation to deal with issues arising between landlords and tenants. Hence, in the event of any dispute, the tendency for Malaysian landlords is not to go through the legal system to settle them as it is a costly and time-consuming process. Some tenants who are aware of this legal inefficiency choose to exploit it for their benefit at the landlord’s expense. Hence, the main issues in this paper will be the possible ways in of trespass could be committed by landlords into the tenanted property, and their rights are not very well-protected, and quite often, the safety deposits collected beforehand are never enough to cover the losses. Given several lacunae, this paper analyses the on the possible or several ways in which the landlord could commit trespass into the tenanted property. Also, this paper will investigate the current Malaysian legal system to identify the current solutions available for eviction and repossession of a tenanted property. Also, this paper seeks to similar practices in Australia and the United Kingdom, which havelong-standing legislation governing tenancy issues. The research adopts doctrinal research in which secondary sources,including academicjournals, online sources,and decided cases are referred. The authors contend that contrary to the United Kingdom and the Australian legal position, there is a gap in the Malaysian law in governing landlord-tenant relationship.
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Maese, Michelle. "Rethinking "Host" and "Guest" Relations in the Advent of Airbnb and the Sharing Economy." Texas A&M Journal of Property Law 2, no. 3 (April 2015): 481–509. http://dx.doi.org/10.37419/jpl.v2.i3.5.
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Airbnb is one example of the “Sharing Economy” whereby owners and consumers connect to share “space, skill, and stuff” for monetary and non-monetary benefits. Although this concept is not a new one, it has garnered much attention recently due to the proliferation of internet start-ups, which, like Airbnb, connect owners and consumers both easily and efficiently. The increasing relevance of the Sharing Economy, and likely continued success of Airbnb, provides an opportunity to consider how Airbnb fits into traditional legal frameworks and evaluate whether states and municipalities should enact laws regulating Airbnb. Part II of this Article introduces the concept of the Sharing Economy, outlines different systems within it, and suggests reasons for its success as well as future implications. Part II further considers the inception of Airbnb and potential for its continued success before briefly discussing how Airbnb fits into the Sharing Economy, overall. Part III focuses on the legal relationship that is created when, using the platform Airbnb provides, individuals rent space in their homes to travelers seeking short-term accommodations. Specifically, this relationship will be considered in the context of two distinct and long-standing areas of law: landlord and tenant law and the law of innkeepers. Part III traces the historical roots and evolution of both these areas of law with particular attention paid to the different rights and obligations of the parties within each body of law. This Section provides the general framework for Part IV in which the Author argues that the relationship between Airbnb “hosts” and “guests” is not so easily defined under current law. That is, in individual cases a landlord-tenant relationship may be created, whereas in other circumstances the relationship may bear a closer resemblance to that of an innkeeper and his guest. Part IV then considers policy arguments in support of regulating Airbnb before concluding the Airbnb host and guest relationship is best understood in terms of the law of innkeepers and should be regulated accordingly.
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Abdullah, Rozlinda, Mohd Fadzri Azham Zainudin, Cinderaylia Raymond, Dannero Onell Anjum, Elhanan James, and Noraziah Abu Bakar. "Legal Issues Relating to the Relationship Between the Landlord and Tenant in Malaysia." Malaysian Journal of Social Sciences and Humanities (MJSSH) 8, no. 1 (January 31, 2023): e001946. http://dx.doi.org/10.47405/mjssh.v8i1.1946.
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It is crucial to safeguard the interests of tenants and landlords in their tenancy agreements to achieve the concept of justice and equality. Malaysia has not yet had a specific law to govern the relationship between tenants and landlords whereby the rights and obligations of both parties are stipulated inside their tenancy agreement. Suppose there is a breach in the contracts. In that case, the jurisdiction to settle such disputes will be referred to the relevant laws in Malaysia, such as the National Land Code (Revised 2020) (Act 828), Contracts Act 1950, Specific Relief Act 1950, and Distress Act 1951. Even so, such legislation remains vague in resolving specific issues about the entrance of parties into a tenancy agreement which will be further discussed in this study. Further discussed are the rights and obligations of both parties based on their contractual agreement and, subsequently, the proposed solutions. A comparative study is made with Australia and New Zealand on the legal issues relating to the relationship between the landlord and tenant. The findings from this study portray a need to adopt a single statute to govern the relationship between tenants and landlords in Malaysia, namely the Residential Tenancies Act.
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Luther, Peter. "The foundations of Elitestone." Legal Studies 28, no. 4 (December 2008): 574–90. http://dx.doi.org/10.1111/j.1748-121x.2008.00102.x.
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The decision of the House of Lords in Elitestone v Morris [1997] 2 All ER 513 added an extra element to the traditional classification of objects brought onto land. The traditional classification divides such objects into chattels and fixtures. In Elitestone, Lord Lloyd of Berwick suggested, borrowing words from Woodfall on Landlord and Tenant, that it might be better to apply a threefold classification: chattels, fixtures and items which are ‘part and parcel of the land itself’. This paper explores the origins of this threefold classification, and suggests that there may be little, if any, historical basis for the new third category; it may owe its origins to the confusion which has surrounded the various meanings of the word ‘fixture’. The paper also investigates how the decision in Elitestone has been applied by later courts, and suggests that it is unlikely that it has made the judges' task any easier.
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Lestari, Devi, Ambo Wonua Nusantara, and Muhammad Nur Afiat. "USAHA RENTAL MOBIL DITINJAU DARI EKONOMI ISLAM (STUDI KASUS ODE-ODE REVOLUSI RENTAL CAR KENDARI)." Jurnal Ekonomi Pembangunan (JEP) UHO 12, no. 1 (September 7, 2022): 707. http://dx.doi.org/10.57206/jep_uho.v12i1.27650.
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The purpose of this study was to determine the application of car rental carried out by the Ode-Ode Revolution Car Rental Kendari in terms of Islamic Economics. The data analysis used in this research is inductive qualitative. The results of this study indicate that the lease has been running according to Islamic law, even leasing is prescribed in Islam. However, in the implementation of leasing at Ode-Ode Rental there is a deviation made by the tenant which we can see in the risk of accidents described previously, where the tenant cannot afford the damage to the car he experienced in accordance with the rental agreement. So that there is a deviation in the practice of renting in the Revolutionary Orders of Car Rental Kendari which is not in accordance with Islamic Economics, in Islamic Economics this practice is strictly prohibited because it has harmed other people, here we can see deviations that lead to a violation of the agreement that has been agreed upon. between the two parties between the business owner (leasing) and the tenant.
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Coppo, Letizia. "The Impact of Pandemics on the Landlord-Tenant Relationship: An Italian Reading of the German Federal Court’s Solution." European Review of Private Law 31, Issue 2/3 (September 1, 2023): 601–14. http://dx.doi.org/10.54648/erpl2023010.
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Vols, Michel. "European Law and Evictions: Property, Proportionality and Vulnerable People." European Review of Private Law 27, Issue 4 (August 1, 2019): 719–52. http://dx.doi.org/10.54648/erpl2019040.
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An eviction is a most extreme form of interference with the right to respect for the home. European case law pushes towards more protection of (vulnerable) residents in housing law relationships, and limits property rights and the freedom of contract of property owners. This has resulted in intense debates about the horizontal effects of human rights law and the impact of human rights in landlord-tenant relationships. This article deepens our understanding of the meaning and the influence of human-rights based proportionality enquiries in eviction cases in the rental sector. It assesses how the right to advance a proportionality defence is implemented and whether any indications exists that human-rights based proportionality enquiries improve the legal position of tenants. Doctrinal research and comparative legal analysis show that this is not the case in a large share of the contracting states due to the unwillingness of national judges and lawmakers. Besides that, a quantitative case law analysis shows that there are no indications for a true paradigmatic shift. Although tenants do put forward proportionality defences, no significant differences are found between cases in which the tenant raise a proportionality defence and cases in which they do not advance such a defence. Yet, the European law’s push for more protection of vulnerable people might in the end lead to some systemic as well as practical changes. Proportionality enquiries may influence property owners’ litigation strategies, and as a result, have an impact in the stages before and after the court procedure too.
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Teresa, Benjamin F. "Managing fictitious capital: The legal geography of investment and political struggle in rental housing in New York City." Environment and Planning A: Economy and Space 48, no. 3 (August 12, 2015): 465–84. http://dx.doi.org/10.1177/0308518x15598322.
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Since 2001 investors have purchased rent-regulated housing in New York City with heightened expectation for financial performance, placing pressure on tenants and communities through increasing rents, harassment, eviction, and when financial targets are not met, physical deterioration of buildings. At the heart of this investment strategy is fictitious capital, the extension of credit based on assumptions about future events. This paper shows that beyond assessments about the “truth” or rationality of the expectations underlying fictitious capital, the management of value as a problem is at stake. When the expectations underlying fictitious capital are not realized, a network of actors engage in a set of legal–financial practices to manage the value of rent-regulated multifamily buildings, including banking regulation and its exception, mortgage securitization and special servicing, distressed debt markets, rent stabilization, and foreclosure law. The breakdown of the assumptions of fictitious capital reveals new challenges and opportunities for tenant activism and policy to intervene in preserving rent-regulated housing. The paper focuses on how this financialization of housing not only serves as a moment for the increasing role of financial actors and imperatives, but also how it drives tenant activism and policy to engage legal–financial practices to redefine the tenant–landlord relationship and to tie financial expectations more closely to the material reality of tenants and communities.
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Omran, Mohamad Aghyad. "The reality of the real estate lease agreement in the Syrian Arab Republic." LAPLAGE EM REVISTA 7, Extra-D (July 13, 2021): 298–302. http://dx.doi.org/10.24115/s2446-622020217extra-d1098p.298-302.
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This article examines concept and the importance of the lease agreement and the genesis of rent law in Syria and some of the features of the civil legal regulation of relations arising in connection with the lease of real estate in Syria. Differences in the determination of the amount of rent under lease agreements concluded before and after the 2001 reform are considered. The basis of the civil status of the parties to the lease agreement in Syria is considered and the rights and obligations of the landlord and tenant in law. In the conclusion of the work, a conclusion is made about the need for further development of civil legislation in Syria and refusal to apply the old socialist laws, and the need to set exceptional rules that protect tenants in the reality of the Syrian crisis.
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Terdi, Ekaterina S., and Mikhail V. Aseev. "Critique of the Provisions of the Russian Civil Code on the Termination of Tenancy Agreements in a Comparative Legal Perspective." Rossijskoe pravosudie, no. 10 (September 20, 2023): 72–81. http://dx.doi.org/10.37399/issn2072-909x.2023.10.72-81.
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Imperatively established by the Russian civil legislation judicial procedure of termination of the residential tenancy agreement by the landlord is criticized in the article. Evaluation of its effectiveness for the formulation of the proposals for the development of the art. 687 of the Russian Civil Code is the purpose of the study. Its objective is comparative analysis of the legal regulation of the termination of the residential tenancy agreement by the landlord under the Russian Civil Code, legislation of 4 republican (Texas, Idaho, Utah, Wyoming) and 4 democratic (Washington, New Mexico, New York, Illinois) American states with taking into account legal regulation of relevant relations in Germany and France. The purpose and the objective of the study determine the predominant use of the method of comparative legal analysis. Two alternative models of reform of the art. 687 of the Russian Civil Code, whose provisions are recognized as a relic of Soviet law, ineffective in a market economy, were offered by the authors. The experience of Germany and France is an argument in favor of so-called regulatory model of reform that allows the unilateral termination of the residential tenancy agreement by the landlord only on the reasons provided by law (not by the agreement). An analysis of the legislation of both republican and democratic American states permits characterizing it as a less restrictive to the principle of freedom of contract, since it allows stating in the agreement the reasons for its unilateral termination by the landlord. However, it excludes the right of the parties of the residential tenancy agreement to provide to the landlord the right of its unmotivated unilateral termination. Unlike legislation of the USA, this right might be provided to the landlord under so-called dispositive model of reform, proposed by the authors as the closest to the actual situation in the Russian market of residential tenancy. It is assumed that the condition for realization of this right must be a notice to the counterparty at least 1 month in advance. Within this model right of unmotivated unilateral termination of the agreement may be provided to the landlord only if the same right is granted to the tenant. One of the advantages of this model is that its implementation will eliminate due to lack of demand the widespread practice of stating in the residential tenancy agreement restricting the legal capacity of citizens and therefore void conditions. It will contribute to the unloading of the Russian judicial system by eliminating disputes over these conditions.
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Roisman, Florence Wagman. "Indiana Landlord-Tenant Law: An Important Step Forward in Theory Needs to be Made Real in Practice." Indiana Law Review 53, no. 2 (February 19, 2021): 317–31. http://dx.doi.org/10.18060/25112.
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JOSEPH, SABRINA. "The Legal Status of Tenants and Sharecroppers in Seventeenth- and Eighteenth-Century France and Ottoman Syria." Rural History 18, no. 1 (March 16, 2007): 23–46. http://dx.doi.org/10.1017/s0956793306002007.
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By the middle of the sixteenth century, the role of the tenant farmer and sharecropper in both Syria and France witnessed important transformations which lent increasing relevance to the social and legal status enjoyed by these cultivators. In various regions of France after the sixteenth century, a rising class of bourgeois landholders increasingly appropriated agricultural lands from both peasant proprietors and nobles, leading to the spread of both sharecropping and leasing contracts. In Ottoman Syria, the appropriation of peasant lands and proliferation of tenancy arrangements was linked to an expanding state which sought to consolidate power and ensure the consistent flow of revenue. Thus, this paper will address how the socio-legal discourse on tenants and sharecroppers differed in a context where arable lands were appropriated by private rather than public forces. Issues that are examined include: perceptions of agricultural innovation; possession rights; and payment of rent and other dues.While Islamic legal scholars articulated a discourse which sought to incorporate tenants and sharecroppers, French legal and social thinkers of the day championed the rights of the landlord above all else. Unlike their Syrian counterparts, French thinkers linked agricultural development and efficient production to private ownership of land. In Syria, on the other hand, jurists advocated a land tenure system in which the possession rights of cultivators were supported while landlord interests were not jeopardised. Thus, agricultural development in the Syrian case was articulated within a framework which conceded multiple layers of ownership. These ideas would have an important impact on nineteenth-century developments in both regions.
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Alexander, Gregory S. "The Transformation of Trusts as a Legal Category, 1800–1914." Law and History Review 5, no. 2 (1987): 303–50. http://dx.doi.org/10.2307/743890.
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Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. In constitutional law, for example, equal protection analysis turns crucially on categories of affected interests. Specialists in landlord-tenant law debate whether the implied covenant of habitability is a property doctrine or a contract doctrine. And if the public/private distinction is dead, as some reports have suggested, it rules us yet from its grave. Legal categories are not simply housekeeping devices. They inhibit our imagination of what is acceptable, indeed, of what is possible. They take on a quality of givenness and thereby disempower us. We can retain control over categories, and ultimately over our own legal imagination, only by reminding ourselves that we have created them and are capable of remaking them.
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Hussain, Tariq. "Legislation and Reports: Landlord and Tenant; Distress for Rent (Law Commission Report, No. 794; HMSO, H.C. 738, 7997)." Journal of Social Welfare and Family Law 13, no. 4 (July 1991): 310–16. http://dx.doi.org/10.1080/09649069108416150.
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Walton, Guy. "Law of forfeiture faced with radical reform — An overview of the Landlord and Tenant (Termination of Tenancies) Bill." Journal of Retail & Leisure Property 6, no. 2 (April 2007): 101–7. http://dx.doi.org/10.1057/palgrave.rlp.5100050.
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