A Practical Approach to Landlord and Tenant

by Garner, Simon; Frith, Alexandra

• ISBN13: 9780199254521
• ISBN10: 0199254524
• Edition: 3rd
• Format: Paperback
• Copyright: 2003-03-13
• Publisher: Oxford University Press

Summary

The sheer bulk of legislation applying to the landlord and tenant relationship can appear impenetrable and fragmented. A Practical Approach to Landlord and Tenant provides a systematic and readable guide through the principles of landlord and tenant law. It also includes an analysis of the various statutory codes applying to both residential and business tenancies. This third edition has been comprehensively updated to cover all recent developments in the law, including the Civil Procedure Rules, the Human Rights Act and the introduction of commonhold and leasehold reform. It has been expanded to include agricultural tenancies and also revised to provide procedural advice for the practitioner, including checklists, precedents and forms. Very much a practical guide, A Practical Approach to Landlord and Tenant makes frequent use of examples and checklists to assist the practitioner and provides valuable context for the student coming to the subject for the first time.

Table of Contents

Table of Cases	xv
Table of Statutes	xxxii
PART I THE COMMON LAW
The Basics
Introduction	1	(1)
An Estate in Land	2	(6)
Classes of Occupier	8
The Distinction Between a Lease and a Licence
Introduction	1	(6)
Granting a Licence	7	(17)
Exclusive Possession	24
Creating a Tenancy
Introduction	1	(8)
Creating a Tenancy --- a Two-stage Process	9	(22)
The Position of an Occupier under an Invalid Legal Lease	31	(33)
Summary	64
Introduction to Obligations in Leases
Introduction	1	(8)
Types of Obligation	9	(16)
Remedies --- an overview	25
Implied Obligations
Landlord's Implied Obligations	1	(37)
Tenant's Implied Obligations	38
Express Obligations
Introduction	1	(5)
Absolute and Qualified Covenants	6	(1)
Conditions Precedent	7	(1)
Tenant's Covenant to Pay Rent	8	(31)
Express Convenant for Quiet Enjoyment	39	(1)
Covenants to Insure	40	(9)
Covenants Regarding User	49	(11)
Alterations and Improvements	60	(8)
Covenants Restricting the Right to Assign and Sub-let	68	(28)
Options	96
Repair --- Contractual Obligations
Introduction	1	(3)
The Principle of Caveat Emptor	4	(3)
Express Agreement	7	(13)
When will a Liability to Repair Arise?	20	(7)
What is Repair?	27	(10)
Standard of Repair	37	(9)
Summary	46	(6)
Common Law Obligations on Landlords	52	(13)
Common Law Obligations on Tenants	65	(8)
Covenants Implied by Statute	73	(21)
Remedies	94
Repair --- Obligations Arising in Tort
Introduction	1	(3)
Landlord's Liability at Common Law	4	(9)
Liability under Statute	13	(20)
Remedies	33
Assignment and Sub-letting --- Continuing Obligations
Introduction	1	(7)
Sub-letting	8	(7)
Assignment	15	(9)
Liability after Sub-letting or Assignment	24	(63)
Remedies	87
Termination of Tenancies: An Overview --- the Common Law Rules
Introduction	1	(7)
Fixed-term Tenancies	8	(24)
Periodic Tenancies	32
Forfeiture
Introduction	1	(13)
When can a Landlord Forfeit?	14	(16)
Waiver	30	(9)
Limitation	39	(1)
Further Restrictions on Forfeiture	40	(31)
Relief from Forfeiture	71
PART II THE STATUTORY CODES
Introduction to the Statutory Codes
Introduction	1	(2)
Factors to be Considered	3	(8)
Other Statutory Provisions	11	(1)
Which Statutory Code?	12
The Rent Act 1977 --- 1. Protected Tenancies
Introduction	1	(3)
What is a Protected Tenancy?	4	(26)
Statutory Exclusions from the Rent Act	30	(60)
Security of Tenure under the 1977 Act	90	(40)
Rent Control	130	(28)
Restricted Contracts	158
The Rent Act 1977 --- 2. Recovery of Possession by the Landlord
Introduction	1	(3)
Voluntary Departure by the Tenant	4	(1)
Obtaining a Possession Order	5	(20)
Discretionary Grounds for Possession	25	(24)
Mandatory Grounds for Possession	49
The Housing Act 1988 --- 1. Assured Tenancies
Introduction	1	(1)
Assured Shorthold Tenancies	2	(3)
Assured Shorthold Tenancies Created before 28 February 1997	5	(8)
Assured Shorthold Tenancies Created after 28 February 1997	13	(14)
Assured Tenancies	27	(1)
What is an Assured Tenancy?	28	(16)
Statutory Exclusions from the Housing Act 1988	44	(21)
Security of Tenure under the 1988 Act	65	(26)
The Terms of an Assured Tenancy	91	(17)
Ending an Assured Tenancy	108	(6)
Succession	114
The Housing Act 1988 --- 2. Recovery of Possession by the Landlord
Possession of an Assured Shorthold Tenancy	1	(9)
Possession of an Assured Tenancy	10	(1)
Mandatory Grounds for Possession of Dwelling-houses Let on Assured Tenancies	11	(20)
Discretionary Grounds for Possession of Dwelling-houses Let on Assured Tenancies	31
The Housing Act 1985 --- 1. Secure Tenancies
Introduction	1	(4)
What is a Secure Tenancy?	5	(24)
Statutory Exclusions from the Housing Act 1985	29	(21)
The Terms of a Secure Tenancy	50	(25)
Security of Tenure under the 1985 Act	75	(15)
Succession to Secure Tenancies	90	(10)
The Right to Buy	100	(31)
The Right to Acquire on Rent to Mortgage Terms	131	(6)
The Right to Acquire for Tenants of Registered Social Landlords	137
The Housing Act 1985 --- 2. Recovery of Possession by the Landlord
Grounds for Possession	1	(1)
Protection from Eviction
Introduction	1	(1)
Criminal Liability	2	(15)
Forfeiture under the 1977 Act	17	(1)
Recovery of Possession under the 1977 Act	18	(4)
Notice to Quit	22
Long Residential Leases at Low Rents
Introduction to Long Leases	1	(9)
Protection of Long Leases on Expiry of Term	10	(4)
Eligibility for Part I of the Landlord and Tenant Act 1954	14	(17)
Security of Tenure under the 1954 Act	31	(3)
Termination under the 1954 Act	34	(19)
The Local Government and Housing Act 1989	53	(5)
Termination under the 1989 Act	58
Management and Service Charges in Long Leases
Introduction	1	(5)
Statutory Control of Service Charges	6	(36)
The New Regime	42	(23)
Statutory Control of Administration Charges	65	(6)
Dealing with Service Charge Funds	71	(4)
Management and Managing Agents	75	(37)
The New Right to Manage	112	(48)
Insurance	160
Enfranchisement and Leasehold Extension
Introduction	1	(2)
Houses --- the Leasehold Reform Act 1967	3	(52)
Flats --- the Landlord and Tenant Act 1987	55	(30)
Leasehold Reform, Housing and Urban Development Act 1993	85
Commonhold
Introduction	1	(3)
What is Commonhold?	4	(7)
Creating a Commonhold	11	(21)
Registration of the Commonhold	32	(14)
Selling or Transferring a Commonhold	46	(3)
Letting a Commonhold	49	(7)
Charging a Commonhold	56	(5)
Selling or Charging Part of a Commonhold Unit	61	(4)
Changing the Size of a Commonhold Unit	65	(2)
Common Parts	67	(6)
Management of a Commonhold	73	(13)
Matrimonial Rights	86	(1)
Terminating a Commonhold	87	(13)
Compulsory Purchase	100
Business Tenancies
Introduction	1	(9)
Who is a Business Tenant?	10	(37)
The Holding	47	(3)
Exclusions from the 1954 Act	50	(1)
Contracting out of the 1954 Act	51	(4)
Security of Tenure under the 1954 Act	55	(5)
Termination of a Business Tenancy	60	(59)
Application for a New Tenancy	119	(39)
Where a New Tenancy is Granted	158	(14)
Compensation for Improvements under the 1927 Act	172
Agricultural Holdings
Introduction	1	(4)
What is an Agricultural Holding?	5	(19)
The Terms of the Tenancy	24	(16)
Rent	40	(11)
Security of Tenure	51	(27)
Succession	78	(22)
Compensation	100	(21)
Dispute Resolution	121
Farm Business Tenancies
Introduction	1	(2)
What is a Farm Business Tenancy?	3	(15)
Terminating a Farm Business Tenancy	18	(12)
Rent	30	(9)
Fixtures and Compensation	39
Residential Protection of Agricultural Workers
Introduction	1	(4)
The Rent (Agriculture) Act 1976	5	(16)
Assured Agricultural Occupancies	21	(12)
Protection from Eviction Act 1977	33	(528)
Appendix 1 CPR55 and PD55	561	(10)
CPR56 and PD56	571	(10)
Index	581