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Journal articles on the topic 'Landlord and tenant – scotland'

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Published: 29 July 2024

Last updated: 30 July 2024

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1

Cragoe, Matthew. "The Anatomy of an Eviction Campaign: The General Election of 1868 in Wales and its Aftermath." Rural History 9, no. 2 (October 1998): 177–93. http://dx.doi.org/10.1017/s0956793300001564.

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One of the most striking aspects of recent scholarship concerning electoral politics in the Victorian countryside is the widespread consensus that has developed that landlords did not – as was so commonly averred by Radical politicians at the time – use the threat of eviction as a weapon with which to terrorise farming tenants into voting as they were instructed. In the work of Norman Gash, Richard Olney and Frank O'Gorman, English tenants are represented as being quite happy to follow the lead offered them by their landlords, both from a ‘semi-feudal’ sense of loyalty and from a sense of gratitude for past favours and the hope of further favours to come. Even in Ireland, where a historiography dominated by Pomfret presented a much bleaker picture of landlord-tenant relations, the process of revision has considerably modified the received view. J. H. Whyte has argued that the landowners were far less tyrannical than had been generally thought, and regards as particularly erroneous the idea that landlords had regular recourse to eviction to punish tenants who had voted contrary to their wishes. This policy was not used, he suggests, because it patently did not work. Whyte's insights, though they have been modified in certain respects, were recently upheld in W. E. Vaughan's study of landlord and tenant relations in mid-Victorian Ireland. The history of politics in the Irish countryside is thus seen as having approximated that of England, and recent scholarship suggests a similar picture for Lowland Scotland, where, outside the Famine years, patterns of eviction were similar to those in Ireland. In only one country do the landowners still retain intact their reputation for electoral tyranny: Wales.

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2

Bennett, Mark. "Security of Tenure for Generation Rent: Irish and Scottish Approaches." Victoria University of Wellington Law Review 47, no. 3 (November 1, 2016): 363. http://dx.doi.org/10.26686/vuwlr.v47i3.4796.

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As fewer people are able to make the transition into home ownership, more New Zealand households do not have adequate security of tenure due to the lack of durational protections in the Residential Tenancies Act 1986. This article shows that Ireland and Scotland are comparable jurisdictions that have moved to regimes providing durational protections to residential tenants, allowing them to choose to remain in their home for a specified number of years or indefinitely, subject to a limited set of grounds for which the landlord may terminate the tenancy. We should consider these examples and take steps to provide greater durational protections, so that more New Zealanders may have homes that provide them with stable foundations on which they may build their lives.

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3

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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4

PAWSON, HAL, and KEITH KINTREA. "Part of the Problem or Part of the Solution? Social Housing Allocation Policies and Social Exclusion in Britain." Journal of Social Policy 31, no. 4 (October 2002): 643–67. http://dx.doi.org/10.1017/s0047279402006797.

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This article examines claims that social housing allocations policies can, on the one hand, contribute to and on the other, counter, social exclusion. In setting the scene, the paper investigates connections between housing processes and social exclusion and describes the development of social housing allocations systems over the past few decades. Drawing on evidence from two recently completed national studies in England and Scotland it shows that allocation policies contribute to social exclusion in three main ways. First, a large proportion of social landlords restrict eligibility for social housing thereby contributing directly to exclusion. Second, mechanisms within allocation systems continue to segregate the most excluded to the worst residential areas. Third, through the 1990s allocation policies became increasingly coercive, so reducing or eliminating tenant choice over their own housing in distinct contrast to the choice that is available in the private market. The paper then reviews the dilemmas faced by policy-makers: whilst aspects of allocations contribute to social exclusion at the individual level, they may be justified by their role in promoting sustainable residential communities. Although there are hopes that the ‘choice-based’ approaches to lettings which emerged in the late 1990s can both boost community sustainability and counter the disabling impact of coercive approaches, the article suggests it is unlikely that such methods can significantly enhance social inclusion as long as social housing remains a housing sector of last resort, with in-built disadvantages.

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5

Olga Kokhan, Olga Kokhan. "CURRENT PROBLEMS OF AGRICULTURAL LAND RENTAL." Socio World-Social Research & Behavioral Sciences 05, no. 03 (June 17, 2021): 76. http://dx.doi.org/10.36962/swd05032021076.

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The article highlights one of the current problems in land relations. With the opening of the land market, this problem has become even more relevant, as the owner of the land today in the person of the landlord - is a subject not protected by the state. Some of the most important aspects of the landlord-tenant relationship will be covered in the next article. Keywords: standard contract, lease agreement, landlord, tenant, rights of the landlord, obligations of the tenant.

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6

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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7

Macdonald, Dan. "The Landlord-Tenant Division." Osgoode Hall Law Journal 35, no. 3 (July 1, 1997): 679–80. http://dx.doi.org/10.60082/2817-5069.1588.

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8

Kerrigan, Danielle. "In Defense of ‘Landlord’: Why the term ‘landlord’ continues to be essential to rental housing." Radical Housing Journal 6, no. 1 (January 31, 2024): 9–31. http://dx.doi.org/10.54825/stuh8145.

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In Ohio and California, legislators have proposed replacing the terms ‘landlord’ and ‘tenant’ in rental regulations. Landlords and landlord lobbyists argue that the feudal origins of the term don’t reflect the contemporary reality of renting. How seriously should tenant organizers, housing researchers and policymakers take these efforts to move on from ‘landlord’? While in their relative infancy, I argue that efforts to rebrand the term expand beyond name changes in organizations to media and legislation. They also seek to obfuscate and muddle what is increasingly one of the key social relations of survival, the landlord-tenant relationship, in order to preserve and expand landlord power and prevent or complicate increased regulation or oversight. To support this conclusion, this paper makes use of a key document analysis of a variety of published sources including proposed legislation, news articles and opinion pieces, and academic articles. Landlords’ (flawed) arguments for change, rest particularly on their claims that landlord-tenant relations are a transaction like any other in which landlords work to provide a simple service to consumers with free agency. I counter that, in fact, landlords and tenants are in an inherently antagonistic and unequal power relationship (Kerrigan & Wachsmuth, 2023), more akin to feudal relations than to the neutrality or even benevolence associated with alternative terms. As such, retaining ‘landlord’ remains essential; to discard it is to discard years of successful tenant organizing and campaigns that continue to highlight the exploitative relationship at the core of landlord-tenant relations to this day.

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9

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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10

Barrett, Peter. "Landlord and Tenant in Context." Journal of Property Investment & Finance 26, no. 5 (August 8, 2008): 450–51. http://dx.doi.org/10.1108/14635780810900288.

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11

Timmins, William M. "Resolving University Landlord-Tenant Disputes." Negotiation Journal 4, no. 1 (January 1988): 63–76. http://dx.doi.org/10.1111/j.1571-9979.1988.tb00447.x.

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12

Greenough, Richard, and Paolo Tosoratti. "Low carbon buildings: a solution to landlord-tenant problems?" Journal of Property Investment & Finance 32, no. 4 (July 1, 2014): 415–23. http://dx.doi.org/10.1108/jpif-09-2013-0060.

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Purpose – The purpose of this paper is to identify the factors present in successful energy efficiency investments that might indicate how to resolve the landlord-tenant dilemma in existing and new commercial property. Design/methodology/approach – The paper reviews literature to indicate the importance of energy efficiency in buildings and to explore the barriers to such investments, including problematic landlord-tenant relationships. Such relationships have been investigated by the International Energy Agency, and a similar approach is used here in two case studies in new and existing buildings. These studies explore the nature of landlord-tenant relationships and the importance of policy and standards of building performance. Findings – In neither case did landlord-tenant issues constitute barriers to investments in energy efficiency, however, these investments were made for other reasons than simple cost savings. Construction of new commercial property to Passivhaus standards ensures a high-build quality and a comfortable building with low-energy costs. The added value to tenants may justify the cost of construction. The cost of investments in energy efficient buildings can also be justified by the enhanced reputation of landlords which may be more valuable than a DEC rating. In neither case was the commercial Green Deal felt to be an attractive funding mechanism. Practical implications – Conclusions based on these case studies must be regarded as tentative, so future studies of successful energy efficient buildings should be undertaken to explore the motivation to invest, particularly the relative importance of indirect benefits of energy efficiency. Originality/value – One of the case study buildings is exceptionally energy efficient and is the result of a particularly open and effective contractual relationship. Further study of such cases may suggest a new approach to landlord-tenant problems of energy efficiency, even in refurbishment of existing buildings.

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13

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.

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15

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.

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16

McCluskey, Danielle, Lay Cheng Lim, Michael McCord, and Peadar Thomas Davis. "Commercial leases in the UK regions: business as usual?" Journal of Corporate Real Estate 18, no. 4 (November 14, 2016): 227–53. http://dx.doi.org/10.1108/jcre-12-2015-0048.

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Purpose The purpose of this paper is to analyse the changing nature of commercial leases with specific reference to the landlord and tenant relationship, lease lengths and incentivisation in the post-recessionary UK property market. Design/methodology/approach The research applies data analysis utilising the Estates Gazette Interactive database coupled with survey analysis conducted across three UK cities to investigate and compare the changing nature of the commercial property leasing market and the landlord and tenant relationship. Findings The empirical analysis highlights that recessionary conditions prevalent in the market from the 2007 global crisis has caused a reassessment of lease structures, leading to shorter lease terms and increased use of incentives, as tenants have been empowered to negotiate more flexible leases due to their stronger market position. Originality/value This paper builds upon previous research conducted back in 2005, investigating commercial leases in the market up-cycle. The recent volatility in the commercial property sector requires fresh insights and in-depth analysis of lease patterns, length and covenant strength, which is fundamental for investor decision-making. In addition, past research has tended to consider solely landlord or occupier perspectives, whereas this research offers new insight into the landlord–tenant lease negotiation process.

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17

Audu, Adedamola Fisayo, Olusola Kehinde Olaniyi, and Cecilia Omolola Afolabi. "Influence of the Landlords–Tenants Relationship on Compliance with Commercial Property Lease Arrangement in Abuja, Nigeria." Asian Research Journal of Arts & Social Sciences 21, no. 3 (October 7, 2023): 39–49. http://dx.doi.org/10.9734/arjass/2023/v21i3470.

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Main Purpose: This study focused on investigating the influence of landlord-tenant relationships on commercial property lease compliance in Abuja, Nigeria. The study was borne from the various impending issues militating against achieving the objectives of either the landlord or the tenant in the study area. Research Methods: A total of one hundred and twenty-five (125) copies of questionnaires were administered to Estate Surveying and Valuation firms in Abuja with one hundred and three (103) retrieved representing an 82.4% retrieval rate. The retrieved questionnaires were analyzed using frequency distribution, Weighted Mean Score, and Chi-Square Test further subjected to a Fisher’s Exact Test. Main Contributions: The study observed that there is a relationship between landlord-tenant relationship and compliance with lease arrangement in the study area (with a p-value of 0.001 for the Fisher's Exact Test at 0.05 significance level). In view of this, Estate surveyors and valuers are advised to ensure the maintenance of a cordial and mutual relationship in sequence with the proviso of the tenancy agreement between landlords and tenants in order to avoid non-compliance.

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18

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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19

Rasila, Heidi. "Customer relationship quality in landlord‐tenant relationship." Property Management 28, no. 2 (April 13, 2010): 80–92. http://dx.doi.org/10.1108/02637471011037107.

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20

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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21

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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22

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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Duncan, William, and Sharon Christensen. "Exemptions from a Tenant’s Express Obligation to Repair - Is The Landlord Responsible by Implication?" Deakin Law Review 9, no. 2 (November 1, 2004): 622–41. http://dx.doi.org/10.21153/dlr2004vol9no2art257.

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The Victorian Supreme Court in Carbure Pty Ltd v Brile Pty Ltd (2002) V Conv R 54-663 declined to imply a covenant on the part of the landlord to undertake structural repairs to leased premises where the express repair covenant in the lease excluded from the tenant’s obligations structural repair. By contrast, the court in Reilly v Liangis Investments (2000) 9 BPR 17,509 (NSWSC) assumed that in identical circumstances, the landlord had the responsibility to undertake structural repairs. The conclusion that neither a landlord nor a tenant is obliged to undertake repair falling within the exclusions in the lessee’s covenant also has ramifications for other excluded obligations such as fair wear and tear. This article examines the position of the parties in this anomalous situation and whether or not an implied term relating to structural repair could exist against the landlord. The article critiques the differing views in relation to the landlord’s obligation of repair for stand alone leased premises as compared to multi-tenanted buildings and the backround influence of the covenant for quiet enjoyment. It concludes by noting that a repair covenant will rarely be implied against a landlord to the benefit of a tenant and, for the sake of certainty, if possible, an express covenant on the part of the landlord to undertake structural repair should be incorporated in the lease.

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Giurgiu, Horea Vlad, Gabriela Prostean, and Andra Diaconescu. "Software application development for real estate activities." Scientific Bulletin of the Politehnica University of Timişoara Transactions on Engineering and Management 6, no. 1 (April 27, 2023): 19–25. http://dx.doi.org/10.59168/gwtt8802.

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The real estate industry is in the early stages of software application, in constant search of new tools to make the industry work more efficiently and effectively. The real estate market is differentiated by certain needs, respectively each segment of the real estate market is looking for software solutions to meet the main needs. In order to meet the requirements of the real estate market, the authors come up with a proposal to create a prototype (iMoPal), including software application development, for a product, namely an online real estate platform for property management, and the creation of a scoring system for tenant and landlord. The application offers a proficient time management solution between tenant and landlord.

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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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Polletta, Valerie L., Margaret Reid, Eugene Barros, Catherine Duarte, Kevin Donaher, Howard Wensley, and Lisa Wolff. "Role of Landlords in Creating Healthy Homes: Section 8 Landlord Perspectives on Healthy Housing Practices." American Journal of Health Promotion 31, no. 6 (September 26, 2016): 511–14. http://dx.doi.org/10.1177/0890117116671081.

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Purpose: This article presents qualitative research findings of Section 8 landlord perceptions regarding healthy housing practices to inform landlord-focused initiatives. Approach or Design: Five focus groups were conducted with landlords. Setting: Boston, Massachusetts. Participants: Section 8 landlords participated in focus groups (n = 39). Method: Focus group transcripts were coded for key themes using a grounded theory approach. Results: Landlords’ primary challenges to creating a healthy housing environment included tenant behavior, financial burden, and policy enforcement; tenant safety and cost savings were seen as primary benefits. Conclusion: Landlords play a critical role in implementing healthy housing practices. Several opportunities exist to reduce barriers and capitalize on perceived benefits of implementing these practices, including increasing access to educational and financial resources.

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27

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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28

Gholipour Fereidouni, Hassan, and Reza Tajaddini. "Power distance and landlord-tenant practices across countries." International Journal of Housing Markets and Analysis 10, no. 5 (October 2, 2017): 628–40. http://dx.doi.org/10.1108/ijhma-01-2017-0008.

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Purpose This paper aims to investigate whether cultural dimension of power distance, which is the extent that inequality is expected and accepted in societies, can explain underlying differences in landlord-tenant practices (LTP) across countries. Design/methodology/approach The authors use a sample covering countries from different regions. They apply the ordered probit regressions to estimate the relationships between the explanatory variables and LTP. Findings The results show that hierarchical societies demonstrate more pro-landlord practices. This finding is robust to alternative measures of power distance and different sample sizes. In addition, the authors find that countries with larger rental sectors and larger numbers of landlords with mortgages demonstrate more pro-tenant practices. The results also show that differences in LTP across countries are not significantly influenced by legal origin. Originality/value To the best of the authors’ knowledge, very limited studies have investigated the determinants of LTP across countries. In addition, while cultural values such as power distance have been used to explain the economic, social and financial variables, less, if any, number of studies have used them to explain the variation of real estate market variables such as LTP.

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Dowden, Malcolm, and Emma Humphreys. "Landlord and tenant update – hard times, strict compliance." Journal of Property Investment & Finance 31, no. 1 (February 2013): 101–5. http://dx.doi.org/10.1108/14635781311293006.

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30

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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Zimmer, Tyler. "GENTRIFICATION AS INJUSTICE." Public Affairs Quarterly 31, no. 1 (January 1, 2017): 51–80. http://dx.doi.org/10.2307/26897016.

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Abstract This paper focuses on the nature of the landlord/tenant relationship in uncontrolled rental housing markets. I argue that relational egalitarianism—the view that our social and political relations to one another ought not involve arbitrary power asymmetries—gives us moral reasons to criticize this relationship. In particular, I try to show that landlord/tenant relationships involve objectionable forms of economic subordination—more specifically, relations that involve exploitation and marginalization—as well as political inequality. I conclude the paper with some reflections on policy solutions to the problems I identify. Contrary to the consensus among most economists and government officials, not to mention landlords, I maintain that rent control should be seen as a legitimate and effective tool—among others—for curbing the power of landlords and protecting tenants.

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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.

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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.

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Marquez, Erika, Courtney Coughenour, Maxim Gakh, Tiana Tu, Pashtana Usufzy, and Shawn Gerstenberger. "A Mixed-Methods Assessment of Residential Housing Tenants’ Concerns about Property Habitability and the Implementation of Habitability Laws in Southern Nevada." International Journal of Environmental Research and Public Health 19, no. 14 (July 13, 2022): 8537. http://dx.doi.org/10.3390/ijerph19148537.

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Housing is a key health determinant. Habitability laws set minimum standards for adequate housing. However, accessing them to ensure adequate housing may be a challenge for many tenants. This paper explores the need for rental housing policy that would better support adequate and safe housing, particularly for low-income renters. A mixed-methods approach assessed residential tenant habitability concerns in Clark County, Nevada, through calls relayed to the Clark County Landlord–Tenant Hotline (CCLTH). Of the 2865 calls, 74.3% were from ZIP codes that were 80% of the median income and below. There was a significant relationship between the ZIP code-level income and the reporting of at least one essential habitability concern. Of the 266 participants that responded to a follow-up call, 34.6% reported that their complaint was resolved and there was no association between resolution and income. Qualitative data analysis from phone interviews revealed two central themes: (1) resources to navigate landlord–tenant laws are limiting and (2) housing policies need to be strengthened to help tenants and keep people housed. Understanding tenant concerns regarding substandard housing and related inequities can help inform rental housing policy and its implementation to promote healthy homes and improve health outcomes for communities burdened by poor rental housing conditions.

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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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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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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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Harrison, Margaret E., Alan Gilbert, and Ann Varley. "Landlord and Tenant: Housing the Poor in Urban Mexico." Transactions of the Institute of British Geographers 18, no. 2 (1993): 280. http://dx.doi.org/10.2307/622378.

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Payne, Geoffrey, Alan Gilbert, and Ann Varley. "Landlord and Tenant: Housing the Poor in Urban Mexico." Geographical Journal 158, no. 2 (July 1992): 230. http://dx.doi.org/10.2307/3059799.

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40

Matthews, Stephen. "Landlord, agent and tenant in later nineteenth-century Cheshire." Transactions of the Historic Society of Lancashire and Cheshire 156 (January 2007): 193–218. http://dx.doi.org/10.3828/transactions.156.10.

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Jones, Gareth, Alan Gilbert, and Ann Varley. "Landlord and Tenant: Housing the Poor in Urban Mexico." Bulletin of Latin American Research 10, no. 3 (1991): 361. http://dx.doi.org/10.2307/3338691.

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Crosby, Neil, Virginia Gibson, and Sandi Murdoch. "UK Commercial Property Lease Structures: Landlord and Tenant Mismatch." Urban Studies 40, no. 8 (July 2003): 1487–516. http://dx.doi.org/10.1080/0042098032000094405.

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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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44

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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45

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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46

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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Gilbert, Jess, and Thomas M. Beckley. "Ownership and Control of Farmland: Landlord-Tenant Relations in Wisconsin1." Rural Sociology 58, no. 4 (February 3, 2010): 569–79. http://dx.doi.org/10.1111/j.1549-0831.1993.tb00513.x.

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Clare. "Landlord–Tenant (Non)Relations in the Work of Bernard Shaw." Shaw 36, no. 1 (2016): 124. http://dx.doi.org/10.5325/shaw.36.1.0124.

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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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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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