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Evictions in the UK examines the relationships between tenants, landlords, housing providers and government agencies and the tensions and conflicts that characterise these relations. The book shows how power dynamics are being reconfigured in the post-welfare context of the first quarter of the 21st century, as evictions for rent arrears are becoming one of the most significant threats to both the wellbeing of the social housing sector and the welfare of its tenants. Embracing both practical and critical approaches, this book offers a comprehensive understanding of the contradictory and thus controversial issue of evictions. It explores the range of perspectives involved in the practice – landlords carrying out evictions, those agencies providing legal assistance to evictees, as well as academics and institutions charged with researching and regulating the process. Drawing on three case studies relating to evictions across Scotland and England, this book provides a comprehensive look at the punitive consequences of poverty (evictions for rent arrears) and status (evictions under immigration law) that are applicable to social housing systems worldwide. Based on original, primary-source data, this book will be a key resource for academics and students as well as policy makers and practitioners in the fields of housing studies, planning, social welfare, and political sociology.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in England and Wales deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in England and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
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.
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.
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.
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
Ireland is in a housing and rental crisis. With spiralling rents and a lack of supply comes new challenges for tenants and landlords. Along with this, the legislative changes to the Residential Tenancies Act 2004 are being made in a piecemeal fashion. With so many changes, Residential Tenancies is a much needed exposition of the current law. It provides a clear and comprehensive statement of the law regulating private and social leases of dwellings in Ireland and explains the dispute resolution mechanisms of the Residential Tenancies Board, appeals, and enforcement. At the centre of the book are the implications of the Residential Tenancies Act 2004, which was enacted to provide a simple and quick way to resolve disputes. However the provisions of the Residential Tenancies Act are technical, confusing, and give rise to what has been referred to repeatedly in the High Court as regrettable difficulties of interpretation. Residential Tenancies provides expert guidance and insight for practitioners and all those who have to navigate the provisions of the Residential Tenancies Act, 2004 (as amended). The text aims to 'see around corners' in the legislation, to answer particular difficulties that might prompt readers to turn to its pages. It gives practical help including step-by-step guidance to tackle the difficulties of interpretation and the wide range of changes and challenges, such as the obligations of landlords and tenants, changes in notice periods for termination and rent reviews, and dispute resolution. Along with this, the book also includes many useful resources including a comprehensive appendix, which includes a sample residential letting agreement, a range of sample notices of termination (to deal with all permitted reasons for termination), and a sample rent review notice. These make it ideal for solicitors and barristers practicing in this area, as well as letting agents and members of the public, either landlords or tenants who wish to be well informed of their rights and obligations.
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.
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 is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.