My ‘foundations of landlord and tenant law’ series is an educational series to help you understand some of the basic legal concepts which underly this area of law. The nuts and bolts as it were of tenancy law. You don’t NEED to know this stuff, but if you work in rented property it will help you understand it all a bit better.
An introduction to the series, where I set out my ideas and why I am writing it. A focus on the private sector and a journey into the unknown.
This is real fundamental stuff. I take a quick look at the basics of land law and the two ‘legal estates’ of land set up by the Law of Property Act 1925 – you may think its complicated but its nothing to what went before!
This is where it gets complicated! We look at the legal and beneficial ownership of land, and how the concept developed over the centuries. Then a quick run down on how it works now.
A bit of a self indulgent post this as it is not really on landlord and tenant law, but then again maybe it is. It is a good idea to understand the difference between equity and law – and to understand why you need clean hands to get an injunction!
Tenancies are a contract as well as being an ‘estate in land’ so we also need to consider contract law. Here we take a look at the three elements of a contract and discuss what a deed is.
Land law and contract law do not work in isolation and this post looks at two particular situations which often puzzle people – where you have more than 4 owners of a tenancy, and lettings to minors.
This post takes a look at six things which go to make up a lease. Four are obvious. The others perhaps less so to non lawyers. But they are really important. See if you can guess what they are!
Read this to find out what they are, how they are made, where to find them and what the difference is between them. And a bit of history too! Then there is the coral atoll theory – whats that all about? Finally, a quick run down on the basic tenancy types.
What happens when a lease is part business and part residential? And what are the differences between long leases and short tenancies?
Before we start looking at how the two statutory codes changed everything, we really need to know something about what went before. So this post sets out the basic rules of starting and ending a tenancy – before the codes changed them
Taking a look at two important statutes – the landlords repairing obligations under section 11 of the Landlord and Tenant Act 1985 and the Protection from Eviction Act 1977. Both of which give tenants important rights under the law.
The Rent Act consolidated earlier legislation and applies to all tenancies created before 15 January 1989. It is still important today as there are many Rent Act tenants still around. This post explains the background to the act and its effect.
Finally we reach the act which applies to and regulates most tenancies today. I discuss the background to the act and how it was introduced by the Thatcher government. I also explain how it changes the common law, but in a different way from the Rent Act.
Here we turn to social tenancies and take a look at local authority housing, and other social landlords such as housing associations and charitable trusts. Then there is the question of regulation of social landlords and constant changing of the regulatory body.
As well as the statutory codes and acts of Parliament described in the posts listed above, there is also a whole raft of regulations which landlords (and in some cases, tenants) must comply with. This post looks at the most important of these and discusses the bodies which enforce them (if any).
The concluding part of the series where I try to pull it all together and give a few conclusions.
Thats all folks!