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Bryks, Sam. "Analysis of 44 Cases before the Landlord and Tenant Board Involving Bed Bug Infestations in Ontario, Canada: Focus on Adjudicator Decisions Based on Entomological/Pest Management Evidence and Accountability under the Residential Tenancy Act and Other Applicable Legislation." Insects 2, no. 3 (July 19, 2011): 343–53. http://dx.doi.org/10.3390/insects2030343.
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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.
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Waterson, Geoffrey. "The Landlord and Tenant (Covenants) Act 1995." Property Management 14, no. 2 (June 1996): 35–39. http://dx.doi.org/10.1108/02637479610115530.
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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.
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Haley, Michael. "SECTION 30(1)(g) OF THE LANDLORD AND TENANT ACT 1954: THE UNJUST RELEGATION OF RENEWAL RIGHTS." Cambridge Law Journal 71, no. 1 (March 2012): 118–46. http://dx.doi.org/10.1017/s0008197312000220.
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AbstractPart II of the Landlord and Tenant Act 1954 regulates the renewal of business tenancies. Within highly technical confines, it promotes the continuation of the tenant's business and addresses the risk of tenant exploitation. Nevertheless, it is argued that section 30(1)(g) unnecessarily prioritises the occupation needs of the landlord over the tenant's renewal rights and without imposing effective procedural safeguards. Although compensation for loss of renewal rights may be available, the award disregards any loss of established goodwill. This inadequacy of compensation undermines the anti-profiteering ethos of the Act and contravenes Article 1 of the European Convention on Human Rights.
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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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Dowden, Malcolm John. "Landlord and Tenant Act 1954: time for a change?" Journal of Property Investment & Finance 33, no. 1 (February 2, 2015): 107–12. http://dx.doi.org/10.1108/jpif-12-2014-0071.
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Purpose – This legal update examines recent decisions on the security of tenure given by Landlord and Tenant Act 1954 to business tenants, and asks whether it is time to revisit or remove a piece of legislation that was drafted to deal with the consequences of war damage and short supply of commercial premises during the 1950s. It highlights the narrow, technical rules and distinctions that make little sense to commercial parties. The paper aims to discuss these issues. Design/methodology/approach – The paper considers recent court rulings in the light of the original purpose of the Landlord and Tenant Act 1954, focusing on provisions that were reformed in 1969-reflect changes in market conditions since the immediate post-Second World War period. Findings – Narrow, technical rules and exceptions carry considerable risks for commercial landlords and may not be appropriate or necessary in current market conditions. Research limitations/implications – The paper examines only a recent selection of court rulings, but highlights the potentially harsh impact on commercial landlords of legislation designed to protect tenant interests in market conditions radically different from those prevailing some 60 years after its enactment. Practical implications – With no immediate prospect of reform, the paper highlights the need for landlords to adhere closely to the precise technical requirements of the Act. Originality/value – The paper is based on the author’s reading and analysis of recent Court of Appeal rulings.
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COSGROVE, PATRICK. "THE CONTROVERSY AND CONSEQUENCES OF JOHN REDMOND'S ESTATE SALE UNDER THE WYNDHAM LAND ACT, 1903." Historical Journal 55, no. 1 (February 10, 2012): 75–96. http://dx.doi.org/10.1017/s0018246x11000550.
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ABSTRACTThis article examines the controversy surrounding the sale of John Redmond's estate under the Wyndham Land Act of 1903, its impact on Redmond's political career, and divisions within Irish nationalism. As chairman of the Irish Parliamentary Party, Redmond automatically assumed the mantle of spokesman for nationalist tenant farmers. However, after inheriting his uncle's estate in 1902, his political responsibilities as a tenant representative and his personal position as a landlord were set on a collision course. Although now a landlord he chose to attend the 1902–3 Land Conference, whose report heavily influenced the Wyndham Act, as the chief tenant representative. After accepting an offer by some of his tenants to purchase their holdings just prior to the commencement of the new act, many nationalists felt that the terms were exorbitant and Redmond was castigated for setting a precedent for landlords to follow. Even though the estate was eventually sold at a lower price, allegations that Redmond had extracted an excessive price from his own tenants and doubts about his trustworthiness as a tenant representative were slow to disappear. Against this backdrop, this article offers a fresh perspective on John Redmond's political career, post-1900.
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Smith, Richard E. "Avoiding Part II of the Landlord and Tenant Act 1954." Property Management 14, no. 2 (June 1996): 29–34. http://dx.doi.org/10.1108/02637479610115521.
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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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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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Rainey, Ronald L., Bruce L. Dixon, Lucas D. Parschy, Bruce L. Ahrendsen, and Ralph W. Bierlen. "Landlord Satisfaction with Arkansas Agricultural Land Agreements." Journal of Agricultural and Applied Economics 35, no. 3 (December 2003): 543–53. http://dx.doi.org/10.1017/s1074070800028273.
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Landlord satisfaction levels with agricultural land-leasing agreements are examined with a 1998 sample of Arkansas landowners. Ordered probit models are estimated identifying which factors significantly affect satisfaction levels. Results indicate that the type of lease is not a significant determinant of landlord satisfaction levels. Proportion of landlord's income from leasing, tenant educational background, social capital variables, presence of irrigation equipment, and perceptions about the FAIR Act were found to significantly affect lease satisfaction in at least one of the three satisfaction models estimated. A comparison with an earlier study of Arkansas tenants indicates landlords have generally higher satisfaction levels.
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Pettit, P. H. "DAEJAN INVESTMENTS LTD V BENSON [2013] UKSC 14, [2013] 1 WLR 854, [2013] 2 ALL ER 375." Denning Law Journal 26 (September 25, 2014): 205–13. http://dx.doi.org/10.5750/dlj.v26i0.927.
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In this important case on the Landlord and Tenant Act 1985 (as amended by the Commonhold and Leasehold Reform Act 2002) the Supreme Court, by a bare majority, allowed the appeal against the decision of a Leasehold Valuation Tribunal (LVT) which had been affirmed by, first, the Upper Tribunal (Lands Chamber), and, secondly, by the Court of Appeal. Almost all long leases of flats contain an obligation on the landlord (or a service company) to provide services, such as repairing the exterior and common parts of the block, and a concomitant obligation on the tenants to pay service charges. The right of the landlord to recover such service charges depends on the terms of the particular lease, but the 1985 Act and the Service Charges (Consultation Requirements)(England) Regulations 2003 impose certain statutory requirements and restrictions on a landlord, which impinge on its ability to recover service charges. These requirements are designed to ensure that tenants of flats are not required (i) to pay for unnecessary services or services which are provided to a defective standard, and (ii) to pay more than they should for services which are necessary and have been provided to an acceptable standard.
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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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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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Sanderson, Danielle Claire. "Winning tenants’ loyalty in the private rented sector." Property Management 37, no. 3 (June 17, 2019): 390–417. http://dx.doi.org/10.1108/pm-08-2018-0050.
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Purpose The purpose of this paper is to help landlords and property managers to understand what they can do to increase tenants’ satisfaction and propensity to renew their lease, and their willingness to recommend their landlord to other people. Design/methodology/approach This paper analyses almost 5,000 interviews with private rented sector (PRS) tenants in the UK, conducted over a four-year period, to investigate determinants of resident satisfaction, loyalty (lease renewal) and willingness to recommend their landlord. Statistical analysis is performed using respondents’ ratings of satisfaction with many aspects of their occupancy as explanatory variables. Comparisons are made between interviewees who renew their lease and those who do not renew. Findings The research finds that “ease of doing business” with their landlord is a strong predictor of residents’ satisfaction, loyalty and advocacy. Other key indicators for lease renewal include relationship management, rent collection and residents’ perception of receiving value for money. Tenants’ willingness to recommend their landlord depends mainly on their relationship with their landlord, how the landlord compares with tenants’ previous landlords and the property management service they receive. Research limitations/implications Limitations to this research include the fact that the residents have a single landlord and live on a single estate, one with particular cultural significance, therefore potentially restricting the general applicability of the findings. Although the sample size is large, the number of residents who have reached the end of their lease is relatively small, because the estate has only been occupied by PRS tenants since 2014. Practical implications Over the past five years, the PRS has become a significant asset class for institutional investors in the UK. This research should help to improve the landlord – tenant relationship in the PRS, and to increase occupancy rates without compromising rents. Originality/value The large sample size in this research, and the use of repeat interviews at various stages of a resident’s occupancy, highlight early signs of discontent that a landlord can act upon to reduce the risk of a tenant moving elsewhere.
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Harbrow, Helena. "The Dilemma Facing Landlords and Tenants: Enforcing Tenancy Tribunal orders while Upholding Privacy Interests." Victoria University of Wellington Law Review 36, no. 3 (October 1, 2005): 581. http://dx.doi.org/10.26686/vuwlr.v36i3.5608.
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Private landlords are the major contributors of housing in the New Zealand rental market. For years landlords have complained of an inability to enforce Tenancy Tribunal orders obtained against tenants for their failure to pay rent pursuant to the Residential Tenancies Act 1986. Following complaints, the Ombudsman controversially recommended that tenants’ address information held by government departments, in particular the Ministry of Social Development, be released to the Courts to facilitate the enforcement process. However, this solution fails to adequately address the source of the problem and further encumbers the success of the landlord tenant relationship. Without effective enforcement options landlords may revert to their own methods to safeguard their investments. This has lead to the formation of bad tenant registers on the internet and the plea for landlords to be able to access, among other things, tenants’ credit history as quasi credit providers under the Credit Information Privacy Code. During this process tenants’ privacy rights are being diminished, and their ability to access proper housing potentially compromised. Strategies that reduce the risk for landlords, by letting them know which tenants are likely to pay their rent from the outset, and by facilitating the retrieval of outstanding payments, will nurture the landlord tenant relationship.
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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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McLaverty, P., and P. A. Kemp. "Housing Benefit and Tenant Coping Strategies in the Private Rental Housing Market." Environment and Planning A: Economy and Space 30, no. 2 (February 1998): 355–66. http://dx.doi.org/10.1068/a300355.
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In this paper we report findings of interviews with housing benefit claimants whose eligible rent for housing benefit was less than the contractual rent ‘agreed’ with their landlord. Linking into debates about the usefulness of the concept of ‘strategy’ in social analysis, we consider whether the claimants interviewed pursued strategies in coping with the shortfalls in their eligible rent for housing benefit. Though claimants often had difficulty in pursuing ‘strategies' successfully, the research shows that most of those interviewed did try to act strategically. They were not simply the passive victims of circumstances beyond their control.
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Bull, Philip. "The significance of the nationalist response to the Irish land act of 1903." Irish Historical Studies 28, no. 111 (May 1993): 283–305. http://dx.doi.org/10.1017/s0021121400011056.
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The Irish land act of 1903, commonly known as the Wyndham act, was the most significant achievement of George Wyndham’s term as chief secretary for Ireland. From the time of his appointment in 1900 Wyndham made the formulation of such a bill a first priority for himself and for his principal advisers. His private correspondence, especially that with Arthur Balfour, reveals how determined he was that it should provide, not the stop-gap measure of earlier legislation, but an effective and final solution to the vexed problem of land occupancy in Ireland. In the end, however, the draft legislation owed less to the efforts of Wyndham and his advisers than to his shrewdness in allowing to a conference between landlord and tenant representatives the scope to evolve an agreed solution in line with guiding principles which he had previously enunciated. The resulting act provided the basis for tenant farmers to secure the ownership of their farms, so bringing to an end the land war that had raged in Ireland since the late 1870s.
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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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Turley, Martin, and Sarah Sayce. "Energy performance certificates in the context of sustainability and the impact on valuations." Journal of Property Investment & Finance 33, no. 5 (August 3, 2015): 446–55. http://dx.doi.org/10.1108/jpif-05-2015-0035.
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Purpose – The Government of UK is committed to reducing Green House Gas emissions by 80 per cent based on the 1990 levels, by 2050. In order to achieve this reduction, the UK Government, along with their European counterparts, have implemented various directives and incentives, which progressively and incrementally are intended to move them towards this target. One such directive is the European Energy Performance of Buildings Directive, which sets the policy for achievement. The paper aims to discuss these issues. Design/methodology/approach – This paper seeks to examine the complexities of these changes when considered against the real world use and operation of buildings, most particularly at lease end. It explores the inter-relationship of landlord and tenant at lease expiry and renewal. Findings – It argues that the Energy Act regulations might have significant impact on the actions of landlords and tenants; both in advance of and shortly after the lease is determined. Practical implications – One of the key mechanisms contained within this directive for the reduction in emissions is the Energy Performance Certificate (EPC). An EPC must be produced where a building is being constructed, rented or sold. EPCs rate buildings on their asset energy performance and in conjunction with building regulations are becoming increasingly more stringent to achieve targets. Regulations under the Energy Act 2011, due to take effect from April 2018, will mean that it will be unlawful to let or re-let a building which fails to reach minimum energy performances standards, currently defined as an E rating; further it is intended that the regulations will extend to all lettings from 2023. Originality/value – This paper looks at the inter-relationship of landlord and tenant at lease expiry and renewal with the proposed directives on EPCs.
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Azmi, Nurul Ardila, Mariana Mohamed Osman, and Syafiee Shuid. "Landlords’ Perception on the Introduction of the Residential Tenancy Act (RTA)." Environment-Behaviour Proceedings Journal 4, no. 12 (December 31, 2019): 259. http://dx.doi.org/10.21834/e-bpj.v4i12.1823.
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Deficiency of firm regulations administering the tenancy process has resulted in recurred disputes over a long span of years. This study analyzed the landlord's perception on the introduction of the Residential Tenancy Act (RTA) by examining landlords' acceptance or refusal. This study applied the descriptive analysis method on 50 questionnaire surveys distributed to landlords in Gombak district. Results showed that 70% of the respondents agreed on the introduction of RTA, while deposit payment is the most preferred principal concept to be consolidated in RTA. These results have recommended strategies to boost the landlord's acceptance of RTA.Keywords: Rental Housing; Landlord; Tenant; Residential Tenancy ActeISSN: 2398-4287 © 2019. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.DOI: https://doi.org/10.21834/e-bpj.v4i12.1823
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Jun, Jang Hean. "A Study on the Remedy and Scope of US Housing Lease - Focused on the Uniform Residential Landlord and Tenant Act -." Northeast Asian law journal 13, no. 3 (January 31, 2020): 419–40. http://dx.doi.org/10.19035/nal.2020.13.3.17.
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De la Harpe, SPLR. "Aantekeninge oor die Wet op Huurbehuising 50 van 1999." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 5, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2002/v5i1a2875.
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On 1 August 2000 the Rental Housing Act 50 of 1999 came into operation. This is a typical example of an act which attempts to, in conjunction with the private sector, provide for third generation fundamental rights. This note concentrates on the influence of the act on the contractual aspects of the rental agreement.Sections 4 and 5 have a direct influence on the relationship between the landlord and tenant. In particular matters like unfair discrimination and the right to privacy are addressed. Certain rights are afforded to third parties namely the members of the tenant’s household and bona fide visitors.Important aspects are inter alia the right to have the agreement reduced to writing and the provisions which are deemed to be contained in the agreement. This includes, amongst others, the right to receive receipts, certain information, payment of a deposit, interest on the deposit and the inspection of the property.The conclusion is made that the act is a welcome replacement of the Rent Control Act. There are however certain practicalities which could jeopardise the success of the act. It is unlikely that the provinces have the capacity to implement the act. The protection provided by the act to the lower income groups may not materialise as they often do not know their rights and would often rather suffer the bad living conditions than risking the possibility of loosing it altogether by complaining.
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Joseph, Meredith. "Conflict Preemption: A Remedy for the Disparate Impact of Crime-Free Nuisance Ordinances." University of Michigan Journal of Law Reform, no. 54.3 (2021): 801. http://dx.doi.org/10.36646/mjlr.54.3.conflict.
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Thousands of municipalities across the country have adopted crime-free nuisance ordinances—laws that sanction landlords for their tenants’ behaviors, coercing them to evict tenants for actions as innocuous as calling 9-1-1 in an emergency. These facially neutral ordinances give wide discretion to municipal officials, leading to discriminatory enforcement of evictions. As a result, these ordinances have a devastating impact on victims of domestic violence and are used as a tool to inhibit integration in majority-white municipalities. Many plaintiffs have brought lawsuits alleging violations of the U.S. Constitution and the Fair Housing Act. However, bringing lawsuits under various anti-discrimination protections presents many challenges. Less than five percent of all discrimination plaintiffs will achieve relief, and eighty-six percent of discrimination claims end in dismissals. Professor Katie Eyer, an anti-discrimination legal scholar, has advocated for increasing the use of “extra-discrimination remedies,” litigation-based approaches that are not rooted in anti-discrimination laws. This Note explores one potential extra-discrimination remedy that could be used to challenge crime-free nuisance ordinances: conflict preemption. Crime-free nuisance ordinances that are not tailored to state landlord-tenant laws’ grounds for eviction may be in conflict with, and preempted by, state law. This Note also recommends that fair housing advocates collaborate with landlord associations when challenging crime-free nuisance ordinances. Although the interests of landlords and tenants often conflict, both groups are harmed by municipalities that enact crime-free nuisance ordinances.
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Allam, Zaheer, A. Dhunny, Gaëtan Siew, and David Jones. "Towards Smart Urban Regeneration: Findings of an Urban Footprint Survey in Port Louis, Mauritius." Smart Cities 1, no. 1 (October 23, 2018): 121–33. http://dx.doi.org/10.3390/smartcities1010007.
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The Smart City Scheme, as part of the Smart Mauritius initiative, adopted by the Government of Mauritius in 2014, heavily incentivised the emergence of new smart cities in greenfields. The resulting migration of business and residents from existing cities to new cities affected the liveability standard of existing cities and encouraged property speculation. This shift reduced home pricing affordability further from the grasp of young professionals. With the Mauritian Landlord and Tenant Act of 1999 discouraging investment in Mauritian city centres, property developers were additionally encouraged to invest in housing projects in these emerging Smart Cities. As part of the Smart Urban Regeneration strategy of Port Louis that sought to reduce competition between new and existing cities, the provision of housing was seen as paramount to enabling the Smart Cities concept as promoted by the Government. The findings of this paper, which explores the urban footprint of Port Louis through field survey, provides insights, as to the components of the city, that can assist policy-makers and developers to better shape projects that are more responsive to the Smart Urban Regeneration plan.
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Dixon, Martin. "The non-proprietary lease: the rise of the feudal phoenix." Cambridge Law Journal 59, no. 1 (March 2000): 25–28. http://dx.doi.org/10.1017/s0008197300290016.
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MR. Bruton occupied a flat by virtue of a written agreement with the Quadrant Housing Trust. The agreement specifically categorised itself as a “weekly licence” although it did give exclusive possession to Bruton. For its part, the Trust held the flat as licensee from the freehold owner, Lambeth Council, in order to pursue its charitable housing aims of providing temporary and emergency accommodation. By virtue of section 32 of the Housing Act 1985, any grant of a lease by the Council to the Trust would have been ultra vires. Bruton accepted the “licence” from the Trust on this basis, but now alleged that he held the flat on a lease, giving security of tenure and triggering a repairing obligation for the Trust under section 11 of the Landlord and Tenant Act 1985 (implied repairing obligations for short term leases). The High Court had held that the agreement was a licence and this was confirmed by the Court of Appeal, with Millett L.J. noting that it was difficult to see how Bruton could have a lease when the Trust itself held no estate in the land out of which a lease could have been granted: [1998] Q.B. 834, 845. The House of Lords, unanimously, held that Bruton had a lease on a simple application of Street v. Mountford [1985] A.C. 809. The fact that the Trust held no estate in the land was neither here nor there: Bruton v. London & Quadrant Housing Trust [1999] 3 W.L.R. 150.
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Thornton, Rosy. "Enforceability of leasehold covenants: more questions than answers." Legal Studies 11, no. 1 (March 1991): 47–70. http://dx.doi.org/10.1111/j.1748-121x.1991.tb00622.x.
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The enforceability of the convenants in a lease after an assignment, whether by the landlord or the tenant or both, is a matter of considerable practical importance. In the case of long leases, assignments of the leasehold estate and of the reversion are a common occurrence; both will often change hands many times before the end of the term, creating a welter of potential parties to any action on the covenants. In addition, there may be sureties who have undertaken to guarantee performance of the tenant's covenants. The basic principles governing the parties' rights and liabilities in this field under the present law are well known, centring upon privity of contract, privity of estate and upon statutory rules found in ss 141 and 142 of the Law of Property Act 1925. The area is one of vital commercial significance to landlords, and which potentially affects the residential security and amenity enjoyed by tenants (in the case, for example, of landlords' covenants to renew or to repair). It is also a field in which many of the issues and concepts have been the subject of judicial and academic consideration for more than a century, yet a surprising number of uncertainties remain. The law consists of a complex set of rules, which together form something resembling an intellectual jigsaw puzzle, and one from which several pieces are still missing. The aim of the first part of this article is to highlight some of these gaps.
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Sossin, Lorne, and Zimra Yetnikoff. "I CAN SEE CLEARLY NOW: VIDEOCONFERENCE HEARINGS AND THE LEGAL LIMIT ON HOW TRIBUNALS ALLOCATE RESOURCES." Windsor Yearbook of Access to Justice 25, no. 2 (February 1, 2007): 247. http://dx.doi.org/10.22329/wyaj.v25i2.4614.
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Videoconferencing has generated ambivalence in the legal community.Some have heralded its promise of unprecedented access to justice,especially for geographically remote communities. Others, however, havequestioned whether videoconferencing undermines fairness. The authorsexplore the implications of videoconferencing through the case studyof the Ontario Landlord and Tenant Tribunal, which is one of thebusiest adjudicative bodies in Canada. This analysis highlights concernsboth with videoconferencing in principle and in practice. While suchconcerns traditionally have been the province of public administration,the authors argue that a tribunal’s allocation of resources and thesuffi ciency of its budget are also core concerns of administrative law.Administrative law reaches beyond conventional doctrines of proceduralfairness on the one hand and substantive rationality on the other. Howthe legislature structures and funds decision-making bodies is not just amatter of political preference but also of legal suffi ciency. The commonlaw, the Charter of Rights, and unwritten constitutional principles suchas the rule of law and access to justice all provide potential constraintsboth on governments and tribunals as to the organization and conductof adjudicative hearings, especially in settings like the Landlord andTenant Tribunal, where the rights of vulnerable people are at stake.While a challenge to the videoconferencing practices of the Landlordand Tenant Tribunal has yet to be brought, the authors conclude thateventually the intersection of tribunal resources with the fairness andreasonableness of that tribunal’s decision-making will reach the courts.How the courts resolve these challenges may represent the next frontierof administrative law.La vidéoconférence a suscité de l’ambivalence au sein de la communautéjuridique. Certains ont proclamé sa promesse d’un accès sansprécédent à la justice, surtout pour les communautés géographiquementéloignées. D’autres, cependant, ont soulevé la question à savoir si lavidéoconférence mine l’équité. Les auteurs explorent les conséquencesde l’utilisation de la vidéoconférence en faisant une étude de cas duTribunal du logement de l’Ontario, un des organismes juridictionnelsles plus occupés au Canada. Cette analyse met en lumière despréoccupations en rapport avec la vidéoconférence en principe et enpratique. Quoique de telles préoccupations ont traditionnellement été du ressort de l’administration publique, les auteurs soutiennent quel’allocation des ressources par un tribunal et la suffi sance de son budgetsont également des préoccupations centrales du droit administratif.Le droit administratif va au delà des doctrines conventionnellesd’équité procédurale d’une part et de la rationalité substantive d’autrepart. La façon dont le législateur organise et fi nance les organismesdécideurs n’est pas simplement question de préférence politique maisaussi de suffi sance légale. Le common law, la Charte des droits etles principes constitutionnels non écrits tels que l’autorité de la loiet l’accès à la justice imposent tous des contraintes potentielles auxgouvernements et aux tribunaux quant à l’organisation d’audiencesadjudicatives et la façon de les mener, surtout dans un cadre tel que leTribunal du logement de l’Ontario, où sont en jeu les droits de gensvulnérables. Quoique les pratiques de vidéoconférence du Tribunaldu logement de l’Ontario n’aient pas encore été contestées, les auteursconcluent qu’éventuellement la conjoncture des ressources du tribunalet de l’équité et l’aspect raisonnable du processus de décision de cetribunal va parvenir à la cour. La façon dont les cours règleront cescontestations pourrait devenir le prochain domaine d’exploration dudroit administratif.*
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Dowden, Malcolm. "Landlord and Tenant (Covenants) Act 1995." Journal of Property Investment & Finance 19, no. 3 (June 2001). http://dx.doi.org/10.1108/jpif.2001.11219cab.003.
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Dowden, Malcolm. "The Landlord and Tenant (Covenants) Act 1995." Journal of Property Investment & Finance 18, no. 6 (December 2000). http://dx.doi.org/10.1108/jpif.2000.11218fab.003.
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