Termination of Tenancies for Tenant Default PDF Download

Author: Great Britain. Parliament. House of Commons. Secretary of State for Constitutional Affairs
Publisher:
ISBN:
Category :
Languages : en
Pages : 242

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Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 0101694628
Category : Law
Languages : en
Pages : 254

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Following on from a consultation paper (Consultation paper 174; ISBN 0117302562) published in January 2004, this report contains proposals for reform of the law regarding the termination of a tenancy during its term, by a landlord, due to the tenant having broken the terms of the tenancy agreement. It sets out, in the form of a draft Bill, a new statutory scheme for the termination of tenancies, including a new concept of 'tenant default', to replace the current law of forfeiture. The proposed scheme would define the circumstances in which a landlord may seek to terminate a tenancy early, require the landlord to warn the tenant of the impending action by giving a written notice, and confers enhanced protection on those with interests deriving out of the tenancy. The report is divided into eight parts with three appendices, and issues considered include: problems with the current law of forfeiture of tenancies and the case for reform; the various components of the proposed scheme, including the concept of tenant default and the stages of a landlord's 'termination claim'; and the role of the court.

Author: Great Britain. Law Commission
Publisher:
ISBN: 9780117302600
Category : Commercial leases
Languages : en
Pages : 136

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This consultation paper seeks views on proposals for reform of the law of forfeiture, regarding the termination of a tenancy during its term, by a landlord, due to the tenant having broken the terms of the tenancy agreement. The statutory scheme proposed applies to commercial or business tenancies (such as offices or shops) and long residential tenancies granted for a fixed term of at least 21 years. The paper considers: the current law of forfeiture of tenancies; the meaning of tenant default; the 'pre-action notice' requirement; termination orders and court proceedings; rights and remedies regarding landlords and tenants; other issues such as joint tenants, the relationship between tenant insolvency and termination of tenancies, and service charges. Comments on the proposals should be received by 30 April 2004.

Author: Ben McFarlane
Publisher: Oxford University Press, USA
ISBN: 0199693595
Category : History
Languages : en
Pages : 1250

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An authoritative course text designed to provide a standalone resource for students. It contains a blend of carefully selected key cases, legislation and academic debate linked by substantial author commentary.

Author: Robert Megarry
Publisher: Sweet & Maxwell
ISBN: 0414045963
Category : Land tenure
Languages : en
Pages : 1955

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Megarry and Wade : The Law of Real Property

Author: Edward Hector Burn
Publisher: Oxford University Press, USA
ISBN: 0199226172
Category : Law
Languages : en
Pages : 1216

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Providing students with all the material they are likely to need on land law this edition takes account of new developments, in particular the Landlord and Tenant (Covenants) Act 1995 and the Trusts of Land and Appointment of Trustees Act 1996.

Author: Judith-Anne MacKenzie
Publisher: Oxford University Press
ISBN: 019874837X
Category : Land tenure
Languages : en
Pages : 691

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Using a fictional street to illustrate examples as a theme throughout, this book brings a practical focus to modern land law, guiding the reader through real-life situations to illustrate the rules and highlight problem areas. Clear diagrams, sample documents and further reading help students understand the law in context.

Author: A J van der Walt
Publisher: Bloomsbury Publishing
ISBN: 1847315100
Category : Law
Languages : en
Pages : 294

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Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.

Author: Aruna Nair
Publisher: Oxford University Press
ISBN: 0192858831
Category :
Languages : en
Pages : 701

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The only book on land law to include a running case study to illustrate how the law works in practice. Trusted by students for over 30 years, Textbook on Land Law gives a practical and innovative edge to modern land law. Perfectly pitched for students studying land law for the first time, the running case study will galvanize interest in the topics by allowing students to visualize and engage with thetopics. - Features practical examples throughout to provide students with a frame of reference to put this often abstract subject into a clear context - Combines academic detail and accuracy with a direct and engagingwriting style to give lucidity to complex areas - Examines core areas covered on land and property law courses, and has been consistently relied upon and refined over seventeen editions - Includes extracts and sample legal documents to demonstrate how land law works in the real world and end-of chapter further reading references to direct additional research New to this edition: - New self-test questions with immediate feedback atthe end of every chapter to review and improve knowledge retention - Discussion of the effect of 'adverse possession' of registered land by a fraudulently registered proprietor in Nasrullah v Rashid(2018). - Examination of the role of intention in defining the lease/licence distinction in Global 100 Ltd v Laleva (2021). - Analysis of Ali v Khatib (2022) on the circumstances in which 'occupation rent' is payable by a co-owner in occupation to a co-owner who is not in occupation - Consideration of Hudson v Hathaway (2022) on the effect of changing intentions on a beneficial joint tenancy of the family home and the need for detrimental reliance wherea common intention constructive trust is being recognised - Commentary on the important new Supreme Court decision on remedies in proprietary estoppel cases, Guest v Guest (2022). Digital formats and resources The 19th edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - This textbook is also accompanied by online resources including self-test questionswith instant feedback and guidance on approaching land law problems.

Author: Chris Bevan
Publisher: Oxford University Press
ISBN: 0198904495
Category :
Languages : en
Pages : 737

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