Leasehold estate

About: Leasehold estate is a research topic. Over the lifetime, 1589 publications have been published within this topic receiving 21480 citations. The topic is also known as: leasehold & tenancy.

Landlord and Tenant Law in Context

Abstract: PART ONE: INTRODUCING THE RELATIONSHIP 1 Introduction to Landlord and Tenant Law 1.1 Understanding Leases in Context 1.2 The Language of Leases 1.3 The Variety of Letting Arrangements 1.4 Key Issues and Trends in the Different Sectors 1.5 Explaining the Structure of the Book 1.6 Some more Terminology on Leases 2 Keys to Understanding Leases 2.1 Introduction 2.2 Leases in a Map of the Law 2.3 The Hybrid Nature of Leases: Part Property, Part Contract 2.4 The Private Law Relationship and the Common Law 2.5 Landlord and Tenant Law as Regulatory Law 2.6 The Public Law Dimension 2.7 Leases and Land 2.8 Leases as Split-ownership 2.9 Intervention in the Landlord and Tenant Relationship 2.10 Interpretation of Leases and Leasehold Notices PART TWO: ENTERING THE RELATIONSHIP 3 Identifying Leasehold Relationships 3.1 The Essential Elements of a Lease 3.2 Different Categories of Occupation 3.3 Categorising a Relationship 4 Entering the Tenancy: Allocation, Formalities and Content 4.1 Allocation and Choice 4.2 Formalities on Entering into the Landlord and Tenant Relationship 4.3 The Effect of Non-observance of the Formality Requirements 4.4 Vitiating Factors and Leases 4.5 Construction and Rectification 4.6 Providing Information to Tenants 4.7 The Structure of Leases 4.8 Fairness and Contract Terms 4.9 The Structure of Commercial Leases 4.10 The Structure of Residential Leases 4.11 Variation of Lease Terms PART THREE: REGULATING THE RELATIONSHIP The Structure of Part Three The Importance of Policy in the Wider Context What is Policy? Avoiding Statutory Protection 5 Renting Homes: The Policy Background 5.1 Introduction 5.2 Tenure Division 5.3 Social Renting and Private Renting 5.4 The Period to 1980 5.5 From 1980 Onwards 5.6 Current Housing Issues 5.7 Current Issues and Directions in the Different Tenures 5.8 Summary: Rented Housing in 2007 6 Renting Homes: Legislative Controls 6.1 Introduction 6.2 Legislative History of Housing Law 6.3 Allocation of Housing 6.4 The Housing Act 1988: The Private Rented Sector 6.5 The Housing Act 1985: Local Authorities and the Secure Tenancy 6.6 The Housing Association Sector 6.7 Statutory Control of Rented Homes 6.8 Future Directions 7 Long Residential Leases 7.1 The Reasons for Using Long Leases 7.2 Problems with Long Leasehold 7.3 The Case for Reform 7.4 Reform at Last 7.5 An Overview of Legislative Controls of Residential Long Leases 7.6 The Future? 8 Business Tenancies 8.1 Policy and Legislative History in the Commercial Property Sector 8.2 The Operation of the Landlord and Tenant Act 1954, Part II 8.3 Tenancies to which Part II of the 1954 Act applies 8.4 Future Directions 9 Agricultural Tenancies 9.1 Policy and Legislative History in the Agricultural Sector 9.2 Farm Business Tenancies 9.3 The Impact of the ATA 1995 9.4 Future Directions 10 Human Rights in Landlord and Tenant Law 10.1 Introduction: Human Rights 10.2 Human Rights in Domestic Law 10.3 The Meaning of Public Authority 10.4 Interpreting Convention Rights 10.5 The Convention Rights 10.6 Interpretation of Legislation 10.7 International Rights to Housing PART FOUR: MANAGING THE RELATIONSHIP 11 Managing the Leasehold Relationship 11.1 What is Management? 11.2 Management and Disability Legislation 11.3 Leasehold Estate Management 11.4 Management and Long Residential Leasehold 11.5 Managing Anti-social Behaviour 11.6 Landlords and Third Parties 11.7 Ensuring Effective Management 11.8 Disputes 12 Repair and Maintenance 12.1 Introduction: Standards and Repair 12.2 The State of Tenanted Housing 12.3 Ensuring Good Standards in Rented Property 12.4 The Duty to Repair 12.5 Regulatory Controls 12.6 Beyond Landlord and Tenant Law 12.7 Enforcing Repairing Obligations 12.8 Landlord's Remedies for Breach of Tenant's Repairing Covenant 12.9 Tenant's Remedies for Breach of Landlord's Repairing Covenant 12.10 Improvements and Alterations 13 Using, Insuring and Servicing Tenanted Property 13.1 Introduction 13.2 User 13.3 Insurance 13.4 Service Charges 14 Rent 14.1 Introduction 14.2 Setting the Rent 14.3 Fixing Initial Rent Levels 15 Residential Rents 15.1 Setting Rents in the Social Sector 15.2 Rent Control 15.3 Ensuring Affordability through Welfare Payments 15.4 The Tolerated Trespasser and Payment for Occupation 16 Varying the Rent and Ensuring Payment 16.1 Introduction 16.2 Variation of the Rent during a Tenancy 16.3 Overpaying the Rent 16.4 Ensuring Payment 16.5 Remedies for Non-payment 16.6 Cesser of Rent PART FIVE: CHANGING THE PARTIES TO THE RELATIONSHIP 17 Alienation, Transfer and Succession 17.1 General Introduction 17.2 Change of Tenant 17.3 Obtaining Consent 17.4 Covenants against Alienation 17.5 Alienation Covenants in Particular Sectors 17.6 Disposition in Breach of an Ali

Who leaves farmland fallow and why? An empirical investigation using nationally representative survey data from India.

Abstract: This paper investigates the determinants of the probability and proportion of owned land left fallow by farmers in India using nationally representative survey data. Using a zero-inflated beta regression, we find that having more land increased the likelihood of land being left fallow. Those with tractors were less likely to leave land fallow and had a lesser proportion of land left fallow. Living in a village which practised tenancy (predominantly fixed-rent tenancy) reduced the proportion of land left fallow. The amount of subsidised food grains the household received from the public distribution system, distance from nearest town and nonfarm opportunities available to the household increased the proportion of land left fallow. In summary, our results emphasise the importance of urbanisation, mechanisation and tenancy reforms for fallowing decisions of farm households. It also underpins the non-separability of production decisions from consumption and labour decisions.

Reconciliation or exclusion? Integrating indigenous and non‐indigenous land management concepts for Australia’s Native Title era

Abstract: Indigenous and non-indigenous concepts of land ownership and use are fundamental elements in Australian debate on the implications of Native Title for development. However these approaches are not necessarily incompatible but can be reconciled. Drawing on evidence from the central Australian rangelands, this paper argues that the adaptations of land use practised by indigenous people, who have converted their land tenure from pastoral leasehold to Aboriginal freehold land, suggest that such reconciliation is possible and practical. Provision of appropriate support tools, such as participatory extension for improved land management, or community land management planning, strengthen the integration of indigenous and non-indigenous land management approaches. Successful integration will be essential for the management of Australia’s rangelands under Native Title.

Property Rights, Land Conflict and Tenancy in Brazil

Abstract: Tenancy has been a means for labor to advance their socio-economic condition in agriculture yet in Brazil and Latin America, tenancy rates are low compared to the U.S. and the OECD countries. We test for the importance of insecure property rights in Brazil on the reluctance of landowners to rent because of a fear of expropriation arising from land reform. Since 1964, the Land Statute in Brazil has targeted rental lands for redistribution. The expropriation of farms, resulting from land conflicts, is currently at the heart of land reform policies in Brazil. Land conflicts are a means for landless peasants to bring attention to land reform agencies for the need for redistribution. Land conflicts may also signal to landowners that their land is at risk for expropriation. Utilizing data across all counties in Brazil, we found that land conflicts reduce the likelihood of tenancy. This result implies: a reduction in agricultural efficiency; a reduction in the well-being of potential tenants, now landless peasants; and an expansion of the agricultural frontier through deforestation. Because of endogeneity between land tenancy and land conflict we instrument land conflict with Catholic priests.

Resource use efficiency on own and sharecropped plots in Northern Ethiopia: Determinants and implications for sustainability

Abstract: This study analyses the level of resource use efficiency achieved by tenant households on their own and on sharecropped-in plots, and the determinants of the levels of efficiency achieved. Using plot-level and location data from Tigray, northern Ethiopia, it assesses whether tenancy status affects technical efficiency. Stochastic frontier production function analysis results show that a statistically significant level of technical inefficiency exists in the production system, but this was not found significantly associated with the tenancy status of the plot, controlling for other factors. Technical efficiency was found to have significantly positive association with livestock endowments of the tenant household and the population density of the location. As this study is based on cross-sectional data, a comprehensive study - based on a dynamic setting - is critical to assessing the cumulative effect of land contracting on long-term productivity and sustainability of land use.