Housing Law: Text, Cases & Materials by Clements, Fairest, LM Clements

By Clements, Fairest, LM Clements

This ebook is a accomplished survey of recent housing legislation, a space that is basically turning out to be in value and is changing into more and more at risk of swap because of statutory intervention. This used to be mirrored via the hot Housing Act 1996, which this publication covers. The booklet takes a large method of housing legislation and contains, for example, a glance at proprietor occupiers and their monetary difficulties in addition to masking insufficient loan valuation stories from surveyors. It contains a great amount of circumstances and fabrics, and those are set within the context of considerable remark and research. This booklet is designed for use not just via scholars of housing legislations, but in addition as an invaluable reference instrument for pros within the housing marketplace.

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Additional info for Housing Law: Text, Cases & Materials

Sample text

Alternatively, the ‘landlord’ may have a mortgage on the property which contains terms either forbidding or restricting his right to grant tenancies. The ‘tenant’ may not be aware of his ‘landlord’s’ defect in title, because a tenant (or subtenant) is not allowed to ask to see the freehold title due to s 44(2) Law of Property Act 1925. Law of Property Act 1925 44(2) Under a contract to grant or assign a term of years, whether derived or to be derived out of freehold or leasehold land, the intended lessee or assign shall not be entitled to call for the title to the freehold.

If the ‘landlord’s’ title is later perfected, then the tenancy by estoppel is said to be ‘fed’ and ripens into an ordinary tenancy. But whilst the tenancy remains one by estoppel, certain consequences may follow. First, the ‘landlord’ cannot deny that he has created a tenancy, since he is estopped from doing so. Second, the tenant cannot avoid liability to the landlord once he has gone into possession and paid rent. Third, the tenancy by estoppel may not be binding on a third party, such as a subsequent mortgagee of the property.

This increase has come about as a result of the recognition of a duty of care on the part of the surveyor towards the prospective mortgagor of residential property. Equally evident in the 1980s and 1990s has been the homeless person. Sleeping rough in the streets and begging have become noticeable in many of our bigger cities. Traditional housing law texts have tended to concentrate on the landlord and tenant relationship. This book, however, seeks to place equal emphasis an the areas of homelessness and owner-occupation.

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