Landlord and tenant law (England and Wales)
Landlord and tenant law referred to in the laws of England and Wales an area of law that the conclusion of a lease ( English lease ) (also tenancy ) and rights and obligations of landlords ( English landlord ) and the tenant ( English tenant ) controls. Economically (not legally) it corresponds roughly to the housing rental law in the states of the German legal circle .
Characteristics of a lease
The English law differentiates the rulership rights over land according to duration ( English estates ) and according to the respective obligations ( English tenures ). In today's law, only two types of estates are distinguished: temporally limited ( English leasehold ) and temporally unlimited ( English freehold ; for example, 'free living'). Historically, this goes back to the medieval notion that all property in English land belongs to the king . Lords received land as a fief in return for services and in turn gave it to their serfs ( English villeins ; interest farmers ). A distinction was made between estates of freehold and estates less than freehold, which were limited in time. The estates of freehold included:
- Unrestricted and inheritable real estate ( English estate in fee simple absolute ),
- real estate determined according to succession ( English estate in fee tail ),
- Inheritable real estate or lifelong usufruct ( English estate for life ) and
- someone holds real estate as long as a third party lives ( English estate pur autre vie ).
Furthermore, a distinction was made between estates according to whether an estate in law (so-called legal estates ) or merely in equity could be asserted. The system of conveyancing was to be greatly simplified by the Law of Property Act 1925 (LPA 1925) . Since then there have only been two types of estates: the estate in fee simple absolute in possession and the term of years absolute, also known as leasehold . On land there can be a freehold estate and a leasehold for a third party at the same time , as s. 205 LPA xix 1925 possession ( English possession ) also can exist if a proof of payment to the income from the property is.
Fixed and limited duration
The delimitation to the freehold consists primarily in the fact that the leasehold is fixed in time and limited. Although (with the name of the time for years English term of years ) provided the feature is fulfilled even if it only is days or weeks. A leasehold for a limited but indefinite period is not effective; in Lace v Chantler (1944) it was decided that a lease “for the duration of the war” cannot be concluded. After s. 205 (1) xxvii LPA 1925, however, a lease also exists if a fallback clause has been agreed in favor of the landlord in the event of breaches of contract, for example through non-payment of the rent . A periodic tenancy is also possible, which is automatically extended at regular intervals as long as it is not ended.
Exclusive property (exclusive possession)
A constitutive for the existence of a lease is also a (limited in time), but comprehensive right of possession and use ( English exclusive possession of land ); this also applies to the landlord, who can only obtain access through a special agreement.
Rent
Typically, but not necessarily, a rent is agreed in favor of the landlord . A cash payment is common, but services are also possible. After s. 205 (1) xxvii LPA 1925, however, a lease without rent is possible.
Lease and license
It is important to differentiate between the lease and a mere license . Classically happened over the characteristic of the exclusive possession ( English exclusive possession ). The mere right to sell soft drinks in a cinema only leads to the acceptance of a license in the absence of exclusive possession . In recent times, this relatively clear demarcation has been increasingly eroded by the courts, and the boundaries seem far more blurred today.
literature
Textbooks
- Margaret Wilkie, Peter Luxton, Juill Morgan and Godfray Cole: Landlord and tenant law . 5th edition. Palgrave, 2006, ISBN 978-1-4039-1754-6 .
Case books
- Delyth W Williams: Landlord and Tenant Casebook . 3. Edition. Estates Gazette, 2002, ISBN 978-0-7282-0374-7 .
German-language literature
- Martin Eisenhauer: Modern developments in English real estate law. Legal and economic importance of the heritable building right after the introduction of a purchase option for land (leasehold enfranchisement) . (Studies on Foreign and International Private Law; 59). Mohr, Tübingen 1997, ISBN 3-16-146753-1 .
Web links
Individual evidence
- ^ Clore v Theatrical Properties Ltd , 1936
