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Showing papers on "Leasehold estate published in 2021"


Journal ArticleDOI
TL;DR: In this paper, a participatory action research project in Eastern India and Nepal provides notable answers to the question: do farmers' collectives, which pool land, labour, capital, and skills to create medium-sized production units, offer a more viable model of farming for resource-constrained smallholders than individual family farms?
Abstract: Do farmers' collectives, which pool land, labour, capital, and skills to create medium-sized production units, offer a more viable model of farming for resource-constrained smallholders than individual family farms? A participatory action research project in Eastern India and Nepal provides notable answers. Groups of marginal and tenant farmers, catalysed by the project, evolved into four different collective models with varying levels of cooperation, gender composition, and land ownership/tenancy status. Based on 3 years of action research, this paper examines how the models evolved and their differential outcomes. All groups have gained from cultivating contiguous plots in their efficiency of labour and machine use for land preparation and irrigation, and from economies in input purchase. Several collectives of tenant farmers have also enhanced their bargaining power vis-a-vis an entrenched landlord class and thus been able to negotiate lower rents and refuse long-standing feudal obligations. However, the models differ in their extent of economic gain and their ability to handle gender inequalities and conflicts over labour sharing. The paper explores the historical, regional, and cultural factors that could explain such differences across the models. It thus offers unique insights into the processes, benefits, and challenges of farmers' collectives and provides pointers for replication and further research.

29 citations


Journal ArticleDOI
TL;DR: In this paper, a timely exploration of the ongoing financialization process in the Chinese rental housing sector, focusing on the financial means used by the asset-light "long-term apartment rental" (LAR) firms in this industry, is presented.

16 citations


Journal ArticleDOI
TL;DR: In this article, the authors introduce and evaluate the Land Inventory Approach, which is a step by step approach to documentation and formalization of occupancy rights on registered land, with acceptance of landlords and tenants, while maintaining harmony within the community and the political environment.

11 citations


Journal ArticleDOI
TL;DR: In this article, the authors examine the interconnections between tenancy regulation and private rent control in lightly regulated rental markets, long-term, with increasing proportions of households living in lightlyregulated rental markets.
Abstract: With increasing proportions of households living in lightly regulated rental markets, long-term, there is an urgent need to examine the interconnections between tenancy regulation and private rente...

11 citations


Journal ArticleDOI
TL;DR: In this paper, the authors examined the peculiarity and investment characteristics of flexible office space and the post-COVID implications on coworking office space practice and investment with a view toward providing investors with an understanding of the dynamics underpinning flexible officespace investment in the Nigerian emerging property market.
Abstract: Purpose: Coworking space had been a trajectory in the commercial space operation and management globally. Commercial coworking/tenancy space is confronted with an unexpected shift. This paper aims to examine the peculiarity and investment characteristics of flexible office space and the post-COVID implications on coworking office space practice and investment. This is with a view toward providing investors with an understanding of the dynamics underpinning flexible office space investment in the Nigerian emerging property market. Design/methodology/approach: This study adopted a qualitative research approach. Open-ended interview questions were used to solicit information from nine coworking space operators in the urban property market of Ibadan, Nigeria. The structured interview data were analyzed using Atlas.ti – a computer-aided qualitative data analysis software. Findings: The findings show that the factors influencing demand for flexible office space in the study area include flexibility, affordability, cost-effectiveness, entrepreneurship motivations and opportunity for risk sharing. The results also revealed that coworkers are predominantly mobile individuals who require a workstation away from their homes or a traditional office setup. Management challenges include deficient infrastructure, low level of awareness, stealing and high cost of operations. The impact of COVID-19 includes a drop in patronage, rent refunds, changes in working pattern and job loss, restriction to online and remote operation, the extra cost of putting prevention measures in place, changes in tenancy contract and drops in return on investment. Practical implications: This study has implications for investors in commercial space occupation and leases in comparable developing economies. Originality/value: The novelty of this paper lies in its relevance with the emergent behavioral changes, orchestrated from the novel COVID-19, which compels reevaluation of workplace practices and investment for economic improvement, especially as it relates to commercial real estate investment. © 2021, Emerald Publishing Limited.

5 citations


Journal ArticleDOI
01 Jan 2021
TL;DR: In rural areas, agriculture is the primary source of income and the income depends on the primary factor of production, land as mentioned in this paper, and the higher productivity of the land, the higher the income and gen...
Abstract: In rural areas, agriculture is the primary source of income, and the income depends on the primary factor of production, land. The higher the productivity of the land, the higher the income and gen...

5 citations


Journal ArticleDOI
TL;DR: In this article, the authors synthesize and analyze data from the U.S. Census Bureau, Department of Housing and Urban Development, the New York State Office of Real Property Tax Services, the Center for Neighborhood Technology, and Erie County Geographic Information Systems (GIS) portal, drawing on a diverse and robust mix of descriptive statistics, regression modeling, spatial analysis, and big data scraping.
Abstract: Much like the foreclosure crisis and Great Recession before it, the COVID-19 pandemic is exacerbating pre-existing levels of racial, social, and economic inequality – widening already outsized gaps between the wealthy elite and members of the middle and working classes. Among the many concerning processes being reinforced by the current crises is growth in demand for rental housing (e.g., as families face new prospects of foreclosure or unaffordability due to un- or under-employment brought on by the pandemic, many will likely transition to renting). While rising rentership is not a problem in and of itself, there is broad consensus that economic and social conditions for most renter households are worsening. Coupled with stagnant growth in living wage jobs and the long-term, uncertain nature of economic recovery from COVID-19, one consequence of these dynamics is that renters are “paying more with less.” A growing class of renters is facing a shrinking degree of housing security. Situated in a public health and economic crisis that is deepening and expanding existing racial, social, and economic inequities, there is an urgent need to advance housing security for vulnerable households, particularly renters for whom precarious, burdensome, and/or exploitative tenancy conditions contribute to further marginalization, further limiting their access to opportunity, security, and autonomy. This report studies and documents such conditions for Erie County, New York, to inform strategies and actions for creating a more equitable, democratic housing landscape. We synthesize and analyze data from the U.S. Census Bureau, Department of Housing and Urban Development, the New York State Office of Real Property Tax Services, the Center for Neighborhood Technology, and Erie County’s Geographic Information Systems (GIS) portal, drawing on a diverse and robust mix of descriptive statistics, regression modeling, spatial analysis, and big data scraping. We also review selected local policies and programs, as well as examples of best practices for advancing housing security from communities across the map. We find that, in Erie County, relative to homeowners, renters are: (1) overburdened, (2) under-served, (3) subject to exploitation, and (4) relatively disempowered. To address these issues, we propose a five-part policy program and action strategy – consisting of twelve specific policy proposals – for advancing housing security.

3 citations


Journal ArticleDOI
TL;DR: In this paper, a comparative study of land reforms in Algeria and Mexico is presented, drawing on literature reviews, a sound knowledge by the authors of the two countries' land policies, including in a historical perspective, and on the authors' long-term involvement in field research.

3 citations


Journal ArticleDOI
TL;DR: In this paper, the authors focus on the maintenance of a settled, tenancy-preserving home for a sustainable exit from homelessness, which is fundamental to a sustainable exiting from homelessness.
Abstract: Tenancy sustainment is fundamental to a sustainable exit from homelessness. Although growing attention has been placed on housing outcomes, there is limited research on the maintenance of a settled...

3 citations


Book ChapterDOI
01 Jan 2021
TL;DR: In this paper, the authors investigate three forms of land tenure in South Sudan: investor leasehold, rural customary, and urban freehold, and conclude that there are only 17 land deals marked as "concluded" in the Land Matrix.
Abstract: This article investigates three forms of land tenure in South Sudan: investor leasehold, rural customary, and urban freehold. South Sudan’s experience with large-scale foreign investments in land mirrors that of the global land rush. A surge of investments from 2007 to 2013 has since tapered off to the point that there are only 17 land deals marked as “concluded” in the Land Matrix. This rapid, albeit brief, land rush demonstrated the pitfalls associated with large-scale land investments in the context of weak and contested governance institutions. Since the breakout of civil war in December 2013, the land question in South Sudan has been defined by government attempts to title land in urban areas and to formalize customary land systems in rural areas. These two processes have been highly contested on account of population movements and shifting power relations amid the civil war. Ensuing conflicts are often framed as ethnic in nature. From a political economy standpoint, however, these conflicts are the outcome of the expansion of market forces in urban areas and the codification of land tenure practices in rural areas, which subsequently exacerbates intergroup tensions.

2 citations


Journal ArticleDOI
TL;DR: In this article, the authors suggest that the diversity of the tenants living in a building is related to economic, social, and spatial issues, such as lifecycle/life course, affordability, and accessibility.
Abstract: Motivations of tenancy could be related to economic, social, and spatial issues, such as lifecycle/life course, affordability, and accessibility. This implies the diversity of the tenants living in...

Journal ArticleDOI
TL;DR: In this article, the sustainability of the commercial waqf properties (CWP) in regards to tenancy management (TM) has been investigated, where the tenants were underperformed due to large rental arrears in some states.
Abstract: This paper concerns the sustainability of the commercial waqf properties (CWP) in regards to tenancy management (TM) since the waqf properties were underperformed due to large rental arrears in some states. The objective of the study is to investigate the issues of tenancy management that limit the achievement of the financial sustainability of CWP. This research adopts the qualitative approach which employing in-depth interviews at seven (7) CWP as a case study that covered the state of Johor, Selangor, Penang and WPKL. Semistructured interviews were conducted with six (6) waqf property managers (WPM) and twenty-one (21) tenants to get their perspective regarding the issues of tenancy management according to TM attributes. From the findings, it was found that the tenancy businesses attribute is the most issues voiced by the tenants and WPMs followed by tenancy agreement, rental determination and enforcement. Meanwhile, tenant selection and waqf property manager attributes are less critical. Hence, the solutions have been proposed to improve the sustainability of CWP while Shariah principles and waqf needs are being adhered to in the full spectrum of waqf tenancy management.

Journal ArticleDOI
TL;DR: In this article, the authors examined the implementation of Medicaid's Section 1115 demonstration waivers to test strategies to finance tenancy support services for persons experiencing or at risk of homelessness, and identified seven challenges to the successful implementation of tenancy support demonstration projects: resolving the housing supply and NIMBY, contracting with and paying tenancy support providers, recruiting and retaining key workers, ensuring Medicaid's waiver durability, and reducing administrative crowd-out and waiver burden.
Abstract: Policy Points Medicaid policymakers have a growing interest in addressing homelessness as a social determinant of health and driver of the potentially avoidable use of expensive medical services. Drawing on extensive document reviews and in-depth interviews in four early-adopter states, we examined the implementation of Medicaid's Section 1115 demonstration waivers to test strategies to finance tenancy support services for persons experiencing or at risk of homelessness. CONTEXT The Affordable Care Act extended Medicaid eligibility to large numbers of individuals experiencing or at risk of homelessness. This legislative development and the growing recognition of homelessness as a significant social determinant of health have encouraged advocates and policymakers to seek new ways to use Medicaid to provide housing supports. METHODS We conducted 28 semistructured interviews with 36 stakeholders in four states. The stakeholders were government administrators, health care providers, nonprofit housing staff, and consultants. We supplemented these interviews with extensive reviews of public documents, media accounts, think-tank reports, and published literature. We also conducted a systematic inductive qualitative analysis. FINDINGS We identified seven challenges to the successful implementation of tenancy support demonstration projects: resolving the housing supply and NIMBY, removing silos between health care and homeless services providers, enrolling and retaining the target populations in Medicaid, contracting with and paying tenancy support providers, recruiting and retaining key workers, ensuring Medicaid's waiver durability, and reducing administrative crowd-out and waiver burden. CONCLUSIONS Notwithstanding these challenges, three of the four states have made significant progress in launching their initiatives. At this point, the fourth state has delayed its start-up to consider alternatives to a Medicaid demonstration waiver to provide tenancy supports. The experience of the four states suggests lessons for Medicaid officials in other jurisdictions that are interested in pursuing tenancy support initiatives. Nevertheless, the limitations of tenancy support waiver programs suggest that federal policymakers should consider allowing states to more directly subsidize housing costs for those experiencing or at risk of homelessness as an optional Medicaid benefit.


Journal ArticleDOI
TL;DR: In this article, sedimentary and phyto-social contexts were examined and set within a chronological and palaeoecological framework from the late 9th century down to the 16th century.
Abstract: Palaeoecological research in Iceland has rarely considered the environmental consequences of landlord-tenant relations and has only recently begun to investigate the impact of medieval monasticism on Icelandic environment and society. Through the medium of two tenant farm sites, this investigation seeks to discern whether or not monastic landlords were influencing resource exploitation and the land management practices of their tenants. In particular, sedimentary and phyto-social contexts were examined and set within a chronological and palaeoecological framework from the late 9th century down to the 16th century. How this relates to medieval European monasticism is also considered while the prevailing influences of climate and volcanism are acknowledged. Palaeoecological data shed light upon the process of occupation at the two farms during the settlement period, with resources and land use trajectories already well-established by the time they were acquired by monastic institutions. This suggests that the tenant farms investigated were largely unaffected ecologically by absorption into a manorial system overseen by monasticism. This could be a consequence of prevailing environmental contexts that inhibited the development of alternative agricultural strategies, or simply that a different emphasis with regard to resource exploitation was paramount.

DOI
01 Jan 2021
TL;DR: In this paper, an econometric model is presented which takes a bottom-up approach by simulating the financial and family outcomes for different types of young couples: petty landlords, smallholders and tenants.
Abstract: This chapter seeks to model how climate would have impacted farmers in the Roman world. Climate naturally had a significant effect on this essentially agrarian economy—but can we quantify its relative importance compared to other risks? An econometric model is presented which takes a ‘bottom up’ approach by simulating the financial and family outcomes for different types of young couples: petty landlords, smallholders and tenants. It follows these families over a generation to see who prospered, fell into debt or were ultimately ruined. Two geographic locations are modelled: Egypt and Southern Italy. The model shows that tenants were highly vulnerable to weather variability but that smallholders and petty landlords were relatively insulated from climate risk. For tenants, climate-related risks were certainly more important than the risk of having too many children, but a failure to save some of your surplus in good years would lead to financial ruin.

Journal ArticleDOI
02 Apr 2021
TL;DR: In this paper, the legal position of the doctrine of frustration and the force majeure clause in the context of a tenancy contract in Malaysia was analyzed based on the law cases and legal provisions in Malaysia.
Abstract: The government of Malaysia has declared the Movement Control Order (MCO) for the whole nation in order to flatten the curve of COVID-19 infection. The MCO has, among others, caused parties in a contract to question the effect of the MCO on the contract. As the areas of law are wide, this paper aims to discuss the effect of MCO on a tenancy contract. The paper analysed the legal position of doctrine of frustration and force majeure clause in the context of tenancy contract in Malaysia. The analysis was done based on the law cases and legal provisions in Malaysia. Reference was also made to case law from the United Kingdom and Singapore as their law is in pari materia with Malaysian law and they are persuasive in nature. This paper found that the doctrine of frustration can be invoked if the performance of the obligation under the tenancy contract is prevented due to the MCO. However, the court will apply the doctrine of frustration in a very careful manner to respect the sanctity of the agreement. As for the force majeure clause, it can be successfully invoked if the scope of the clause covers the event in question, such as the MCO. In conclusion, whether a tenancy contract can be terminated due to the MCO, it will depend on the terms of each tenancy contract.


Journal ArticleDOI
TL;DR: The Land Code of 1858 as discussed by the authors allowed registration of cultivated land in the names of non-cultivators, which changed the rules of the game for the peasantry in Palestine.
Abstract: Exogenous intervention in land ownership began with few court judgments prior to the weighty Land Code in 1858; but it was especially this law which officially overturned the status quo by permitting registration of cultivated land in the names of non-cultivators. This changed the rules of the game for the peasantry in Palestine. Informally, yet practically, peasants had been the de facto owners of almost all cultivated lands in Palestine for generations. Following the landmark intervention of 1858, non-peasants seized the opportunity to acquire economic assets. They purchased and confiscated peasant lands or manipulated registration of peasant lands into their own names, and the peasants often became their tenants. The additional purchase of lands by Zionist settlers in latter years, compounded by rural demographic growth, intensified this pressure. By 1930, three-quarters of Arab peasants in Palestine cultivated lands they no longer formally owned, while others were pushed to migrate to cities.

Book ChapterDOI
01 Jan 2021
TL;DR: The first legislative enactment by the British colonial rulers, the Bengal Alluvion and Diluvion Regulation (1825), aimed at granting out leases of waste land for cultivation in order to raise revenue and settling boundaries of estates with local zamindars to avoid conflicting claims over depositional lands as discussed by the authors.
Abstract: The charland in the riverine flood plain and the delta was historically viewed as isolated and lawless “frontiers,” yet the land was productively used in terms of extension of cultivation through migration and development of new settlements in Bengal. The first legislative enactment by the British colonial rulers—the Bengal Alluvion and Diluvion Regulation (1825)—aimed at granting out leases of waste land for cultivation in order to raise revenue and settling boundaries of estates with local zamindars to avoid conflicting claims over depositional lands. The regulation itself and subsequent amendments in 1950 (East Bengal State Acquisition and Tenancy Act) and more recent post-independent presidential order of 1972, the ordinance of 1975, and the act of 1994 are a complex set of rules that indeed provoked more conflicts than actually settling ownerships and titles. This chapter provides an overview of the evolution of the legal framework and examines key administrative issues related to charland survey, use and ownerships, and settlement in contemporary Bangladesh. Since erosion and accretion of land and human settlement on such land will continue in the riverine areas of the country, improvements in the existing legal framework, settlement policy, and economic development of the char people remain imperative in the given context. It is argued in this chapter that a paradigm shift is called for in realizing the potentials of development in the charlands of Bangladesh.

Journal ArticleDOI
TL;DR: In this paper, the authors evaluated the roles of landlords in tenant management during COVID-19 pandemic season among informal settlement neighbourhoods in urban Ghana and found that most landlords do not provide tenancy agreements to tenants which strained some social relationships in tenant manager.
Abstract: Purpose: The purpose of this study is to evaluate the roles of landlords in tenant management during COVID-19 pandemic season among informal settlement neighbourhoods in urban Ghana. Design/methodology/approach: This study used a mixed methods research approach and foregrounds the discussions of the results with the social roles theory. Using the quota sampling procedure, this study used 467 semi-structured interviews of tenants from five old informal settlement neighbourhoods in urban Ghana. This study adopted the thematic analytical technique in the results section. Findings: This study uncovered that landlords perform a gate-keeping social relationship role in ensuring tenant safety during the COVID-19 pandemic season through the provision of security, care and support, discipline, hard work, morale building to accountability. However, this study found that most landlords do not provide tenancy agreements to tenants which strained some social relationships in tenant management. Originality/value: The application of social roles theory in this study provides a cutting-edge approach to the study of welfare of tenants living in informal settlement housing units during periods of pandemic. This study practically provides a participatory approach to analysing and discussing the roles of landlords in tenant management and proffering solutions for formalisation of these roles in housing policies in Ghana. © 2021, Emerald Publishing Limited.

16 Mar 2021
TL;DR: In this paper, the authors investigated how leasehold operates in Wales, including distribution and characteristics of leasehold properties and views and experiences of stakeholders, and made five main recommendations: 1) The Welsh Government should consider a mechanism that quantifies and records the distribution of leaseholder homes in Wales accurately.
Abstract: Research investigating how leasehold operates in Wales, including distribution and characteristics of leasehold properties and views and experiences of stakeholders. The report made five main recommendations. The Welsh Government should consider a mechanism that quantifies and records the distribution of leasehold homes in Wales accurately. the Welsh Government should consider building a network of leaseholders to improve knowledge about leaseholder rights and responsibilities in Wales. The Welsh Government should consider additional law reforms to enhance the rights of leaseholders suggested by this research project. the Welsh Government should consider further research to understand the effectiveness of the current system of dispute resolution. Longer term, the Welsh Government should consider more radical reforms to leasehold, adopting a more holistic and sustainable approach.

Book ChapterDOI
01 Jan 2021
TL;DR: In this paper, the authors investigate tenants' experiences of insecurity in their housing situation as legal insecurity does not necessarily translate into de facto insecurity, and examine perceptions of insecurity which can differ markedly.
Abstract: Light regulation of the PRS means that private renters on short fixed term leases or periodic tenancies can be required to leave their home at short notice, typically when the property is being sold or if the landlord or their family wants to live in the property. In most Australian states they can also be given notice to leave without any stated grounds. The law also allows for regular increases in rents to “market levels” without any cap on the increase. Landlord freedoms to end tenancies and/or raise rent can make continued tenancy difficult or impossible. The chapter investigates tenants’ experiences of insecurity in their housing situation as legal insecurity does not necessarily translate into de facto insecurity. It also examines perceptions of insecurity which can differ markedly. The chapter finds that while private renters develop some strategies to adapt to their situation on a daily basis such that insecurity is often only “at the back of the mind”, all perceive lack of control over their housing futures. The capacity of low-income tenants to deal with a rent increase or notice to vacate is often very different to the capacity of medium and higher income tenants.

05 Jul 2021
TL;DR: In this article, a qualitative study of the residential tenancies in Malaysia is conducted and compared with the practice in Scotland, where the authors highlight the need to have a specific legislation to regulate the relationship between the landlord and tenant as the development, sustainable and viability of residential tenants market is largely depending on its enabling factors such as laws, statutes, and regulations.
Abstract: The current laws governing the relationship between the parties to a tenancy contract are based on scattered provisions from the National Land Code 1956, Contracts Act 1950, Distress Act 1950, and Specific Relief Act 1950. The current situation created issues in terms of bargaining powers between the parties, the security of tenure, costly and lengthy legal procedure in settling disputes, and the unjustified practices of forfeiting security deposits. The question is premised on the need to have a specific legislation to regulate the relationship between the landlord and tenant as the development, sustainable and viability of residential tenancies market is largely depending on its enabling factors such as laws, statutes, and regulations. This article is written based on the qualitative research methodology where the current laws, practices, and regulations on residential tenancies in Malaysia is accessed and is compared with the practice in Scotland. The objective is to promote the sustainability of the residential tenancies market in Malaysia by strengthening the law to regulate the market. It focuses on private residential tenancies within the residential tenancies sector in Peninsular Malaysia, specifically on the issues of creation of specific legislation, dispute resolution, and the manner of dealing with security deposit. Research findings highlight that it is significant to introduce a specific legislation to regulate residential tenancies sector residential tenancies market in Malaysia to ensure it achieves the desired target in promoting affordable housing as envisaged in the National Housing Policy.

Book ChapterDOI
01 Jan 2021
TL;DR: In this paper, the authors focus on the body of regulation which sets the norms and expected behaviours involved in Australia's landlord-tenant relations and present a national overview of tenancy regulation across Australia highlighting, where appropriate, particularly notable features of systems in specific jurisdictions.
Abstract: This chapter focuses on the body of regulation which sets the norms and expected behaviours involved in Australia’s landlord-tenant relations. It opens by exploring the rationale for private rental regulation, especially in terms of the prevailing neo-liberal governance philosophy. Next, we present a national overview of tenancy regulation across Australia highlighting, where appropriate, particularly notable features of systems in specific jurisdictions. Drawing on this overview the chapter then discusses three key aspects of landlord-tenant relations, namely rent regulation, security of tenure and landlord repairing obligations. After briefly reviewing the distinct regulatory approaches that relate to boarding houses, we next summarise recent PRS regulatory reform debates and, in conclusion, reflect on the overall picture and future prospects for change in the balance of power between landlords and tenants.

Journal ArticleDOI
TL;DR: In this paper, the authors explore the nature and volume of temporary land transaction through tenancy agreement in studied areas and scrutinize its role in aligning land distribution, concluding that land tenancy practice has been significantly mitigating land disparity among rural farmers.
Abstract: Bangladesh is one of the most densely populated countries with immense pressure on agricultural land in rural areas. Mainstream of the rural households depend on either agriculture or its associated activities for their livelihood. However, rural land distribution is highly skewed, majority of them are landless. Under such a land scarce situation, farmers in rural areas have been gradually inclining towards land tenancy. Present study steered to explore the nature and volume of temporary land transaction through tenancy agreement in studied areas and to scrutinize its role in aligning land distribution. In 2017, a total of 166 farmers were randomly selected from two different villages in Jashore district for study. Result of the study administrated that land tenancy practice has been significantly mitigating land disparity among rural farmers. Study also explored that comparatively rich farmers are leaning towards tenant out land and most of these lands tenanted in by the landless and marginal farmers. Consequently, on an average landless farm could significantly increases their cultivable land from 0.01 acre to 0.98 acre compared to the marginal farm 0.31 to 0.73 acres. At the same time, cultivable land of medium farm has decreased as of 3.74 acres to 2.83 acres in studied villages. Int. J. Agril. Res. Innov. Tech. 10(2): 164-169, December 2020

Journal ArticleDOI
11 Apr 2021
TL;DR: In this article, the authors investigate the possible ways in which a landlord could commit trespass in a tenanted property and the current solutions available for eviction and repossession of atenanted property.
Abstract: The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which spells out therights and obligations of both parties. Despite having the legal agreements, it has been reported that many issuesarise, such as trespass committed by landlords to the tenanted property and recovering losses from the tenantswho disappeared. As of today, the country has yet to enact specific legislation to deal with issues arisingbetween landlords and tenants. Hence, in the event of any dispute, the tendency for Malaysian landlords is not togo through the legal system to settle them as it is a costly and time-consuming process. Some tenants who areaware of this legal inefficiency choose to exploit it for their benefit at the landlord’s expense. Hence, the mainissues in this paper will be the possible ways in of trespass could be committed by landlords into the tenantedproperty, and their rights are not very well-protected, and quite often, the safety deposits collected beforehandare never enough to cover the losses. Given several lacunae, this paper analyses the on the possible or severalways in which the landlord could commit trespass into the tenanted property. Also, this paper will investigatethe current Malaysian legal system to identify the current solutions available for eviction and repossession of atenanted property. Also, this paper seeks to similar practices in Australia and the United Kingdom, whichhavelong-standing legislation governing tenancy issues. The research adopts doctrinal research in whichsecondary sources,including academicjournals, online sources,and decided cases are referred. The authorscontend that contrary to the United Kingdom and the Australian legal position, there is a gap in the Malaysianlaw in governing landlord-tenant relationship

Journal ArticleDOI
TL;DR: In this paper, the authors examined how non-state actors such as parastatal land operators collaborate with state actors to provide urban infrastructure using land-based financing mechanisms and found that leasehold premium and infrastructure levy are instruments used for providing urban infrastructure.
Abstract: The rapid urbanization of cities in the Global South, and indeed Ghanaian cities has left many Municipalities grappling with a widening gap in infrastructure need. This is largely due to limited financial resources to expand infrastructure to keep pace with urban expansion. In this context, land-based financing has become topical among city managers in generating resources to provide the much-needed urban infrastructure. The paper examines how non-state actors such as parastatal land operators collaborate with state actors—local authorities to provide urban infrastructure using land-based financing mechanisms. The case study approach was used to study two parastatal land development companies—Tema Development Company and Ghana Airport Company. The paper finds that leasehold premium and infrastructure levy are instruments used for providing urban infrastructure. It further finds that the application of these instruments requires the management of complex factors and stakeholders; proper understanding of land market conditions; comprehensive property-monitoring systems; effective communication among fiscal and planning entities; and political resolve to realize the full potential of land-based financing.