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This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.
The report Renting Homes in Wales (Cm. 8578) updates the recommendations of the 2006 Law Commission report Renting Homes: The Final Report, for the purpose of an introduction of a bill by the Welsh Government. At the core of the recommendations is the creation of a simplified statutory framework which: (i) Reduces the number of available forms of rental occupation of residential property to two: the secure contract; and the standard contract. (ii) Provides model contracts which set out the basis on which occupiers occupy rented housing in clear terms. Whilst the Renting Homes recommendations were designed as far as possible to maintain the current balance of rights and responsibilities between landlords and occupiers, the development of the proposals inevitably involved some modifications to the status quo. This review highlights the most significant of these modifications and where these have proved controve
A Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contains useful features such as: extracts from the Model Commercial Lease key case summaries, a glossary and chapter summaries further reading lists In addition, students on the Legal Practice Course and Bar Professional Training Course will find this to be a useful supplementary resource as will professional surveyors and lawyers looking for a refresher on the latest landlord and tenant law.
Property asset management requires both day-to-day oversight of rental properties and an ability to maximize the potential of the portfolio through forward thinking and practical planning. Successful property managers must be flexible and proactive whilst maintaining a robust knowledge of technical, financial and legal aspects of the leasing system. Property Asset Management is a practical guide to the key principles of successful property management, perfect for both student and practitioner alike. In this book, Douglas Scarrett and Jan Wilcox demonstrate how to successfully manage properties for the varying needs of clients ranging from individual property owners to large international commercial ventures. As well as the basic theory, Property Asset Management discusses the process of active management, the strategic objectives, performance measurement, and the key financial and operational information needed for high quality and comprehensive reporting to clients. This fourth edition has new chapters on corporate real estate and financial management, and has been extensively rewritten to incorporate recent developments in property management. Software screenshots are used to illustrate salient points and readers are provided with a thorough overview of the latest legal aspects of land ownership and tenancy arrangements. With everything you need for successful property asset management, this book both caters for the needs of RICS accredited and business courses and serves as a handy guide for everyday practice.
The Conveyancing Handbook has been a trusted first port of call for thousands of practitioners for over 27 years. This year's edition has been extensively updated to include the latest guidance on good practice in residential conveyancing, and is a crucial resource for answering queries arising from day-to-day property transactions.The 27th edition includes new and updated guidance on: SRA regulatory changes money laundering reforms the Conveyancing Protocol and Code for Completion HM Land Registry and electronic signatures SDLT and VAT.Throughout the book reference is made at appropriate points to the SRA Standards and Regulations, Law Society Conveyancing Protocol, Standard Conditions of Sale and Law Society Code for Completion (2019).Appendices include the SRA Codes of Conduct, Law Society practice notes, codes and formulae, and other practice information, including COVID-19 industry guidance.
The 3rd edition of this bestselling textbook has been completely revised to address the range of socio-economic factors that have influenced UK housing policy in the years since the previous edition was published. The issues explored include the austerity agenda, the impact of the Coalition government’s housing policies, the 2015 Conservative government’s policy direction, the evolving devolution agenda and the recent focus on housing supply. The concluding chapter examines new policy ideas in the context of theoretical approaches to understanding housing policy: laissez-faire economics; social reformism; Marxist political economy; behavioural perspectives and social constructionism. Throughout the textbook, substantive themes are illustrated by boxed examples and case studies. The author focuses on principles and theory and their application in the process of constructing housing policy, ensuring that the book will be a vital resource for undergraduate and postgraduate level students of housing and planning and related social policy modules.
Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.
This brand new Dictionary of Agriculture and Land Management addresses the increasing overlap between agricultural sectors and the demands of the management of rural land and property. It covers the main areas of agricultural management, husbandry, environment, estate management, rural recreation, woodland and forestry, as well as general terms such as organizations, policies, and legislation. In over 2,000 clear and concise A to Z entries, it offers authoritative and up-to-date information, and the content is enhanced by entry-level web links that are listed on a dedicated companion website. Useful tables and line drawings complement the entries, and make this volume an excellent point of reference for anyone who needs a guide to agricultural terminology. The most up-to-date dictionary of its kind, it is a must-have for students of agriculture and land management, as well as for professionals in the agricultural and land-management sectors.
This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions: Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work – from building of a complete home to adding an extension or replacing a shower unit – will comply with minimum standards of design, safety and build quality? Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects? The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally. This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world. The book's two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the book's two specialist contributors, Deirdre Ní Fhloinn and Kim Vernau.
This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.