Part II of the Landlord and Tenant Act 1954:repeal or further reform? Part 1

Paper includes results of an empirical survey of legal professionals who specialise in property law and surveyors, both of whom are involved with commercial lease renewal work. The survey investigates whether there is any appetite amongst these professionals for abolishing the Landlord and Tenant Act 1954 Part II or alternatively for reform of the same. The results are analysed and recommendations made by the authors.

Part II of the Landlord and Tenant Act 1954:repeal or further reform? Part 2

See abstract for Part 1 of this paper.

The law of landlord the tenant : a summary view of their rights and duties with an appendix of forms /

Mode of access: Internet.

The landlord's duty and unsafe premises

Case note on Sheehy v Hobbs [2012]. It is well established that a landlord owes a tenant a duty of care to “take reasonable care to avoid foreseeable risk of injury to their prospective tenants and members of their household”.1 What often arises is the question of how far the scope of that duty extends. In Sheehy v Hobbs [2012] QSC 333 the plaintiff was injured when she fell down a flight of internal stairs of the townhouse she leased from the defendants. The plaintiff claimed damages for a breach of duty owed to her in negligence, and also alleged breaches of the duties owed to her pursuant to s 103 of the Residential Tenancies Act 1994 (Qld) and her tenancy agreement.

Assessing the awareness and importance of housing sustainability in Queensland

Sustainability has been a major factor and determinant of commercial property design, construction, retro-fitting and landlord and tenant requirements over the last decade, supported by the introduction of rating tools such as NABERS and GreenStar and the recently mandated Building Energy Efficiency Certificate (BEEC). However, the movement to sustainable and energy efficient housing has not been established for the same period, and although mandatory building regulations have been in place for new residential housing construction since 2004, the requirement to improve the sustainability and energy efficiency of housing constructed prior to 2004 has not been mandatory. Residential dwelling energy efficiency and rating schemes introduced in Australia over the past decade have included rating schemes such as BASIX, NatHERS, First rate, ACTHERS, and Building Code of Australia and these have applied to new dwelling construction. At both National and State level the use of energy efficiency schemes for existing residential dwellings has been voluntary and despite significant cash incentives have not always been successful or achieved widespread take-up. In 2010, the Queensland Government regulated that all homes offered for sale, whether a new or existing dwellings require the seller to provide a ―sustainability declaration‖ that provides details of the sustainability measures associated with the dwelling being sold. The purpose of this declaration being to inform buyers and increase community awareness of home sustainability features. This paper uses an extensive review of real estate marketing material, together with a comprehensive survey of real estate agents to analyse the current market compliance, awareness and acceptance of existing green housing regulations and the importance that residential property owners and purchasers place on energy efficient and sustainable housing. The findings indicate that there is still little community awareness or concern of sustainable housing features when making home purchase decisions.

Mistake, frustration and implied conditions in leases

Discusses the Court of Appeal decision in Graves v Graves on determination of a tenancy by reason of common mistake and frustration. Reviews earlier case law regarding the effects on a contract of a common mistake or frustrating event. Considers the effect of the common mistaken belief held by the parties in Graves when executing a tenancy agreement that the tenant would be entitled to housing benefit, in particular whether by reason of it a condition was implied into the tenancy that the contract would be terminated if housing benefit was unavailable.

Subrogation and non-payment of rent

Explains the equitable doctrine of subrogation as it applies to tenants, assignees and landlords. Outlines the basic principle of subrogation and examines how the principle affects the legal position of the original tenant, the tenant's assignee, the tenant's surety and the original landlord.

Termination of tenancies for tenant default: Law Commission's draft Bill

Reviews key proposals of a draft Bill set out in Command Paper: The Law Commission: Termination of Tenancies for Tenant Default (Cm.6946), aimed at replacing the existing law on forfeiture of tenancies. Summarises the main elements of the proposed termination action by landlords, the events justifying such an action, the time limits for serving default notices, the revised range of court orders available and the considerations influencing which type of order to make. Examines the position of qualifying interest holders and the circumstances in which summary termination notices are prohibited.

Without prejudice: opening shots and negotiating documents

Reviews case law which has provided guidance on the law relating to without prejudice communications in landlord and tenant disputes. Considers: (1) the extent to which without prejudice communications are inadmissible in subsequent litigation; (2) exceptions to the without prejudice rule; (3) the specific context in which the rule applies; (4) the need for a dispute or negotiation to have arisen; (5) the prohibition on using "without prejudice" as an opening shot; and (6) the effect of changing the negotiating basis.

Oral agreements: estoppel, constructive trusts and restitution

Analyses the House of Lords judgment in Cobbe v Yeoman's Row Management Ltd in relation to claims by the prospective purchaser under an oral agreement for sale of a block of flats based on proprietary estoppel, a constructive trust and common law restitution brought against the owner of the property who sought to resile from the agreement after the purchaser had, at considerable expense, obtained planning permission to redevelop the property in reliance on assurances given by the owner that if permission was granted the sale would be honoured.

Latin American migration in the central area of Iquique: New fronts of residential location and unequal forms of access to housing

Historically the central area of the city of Iquique has been established as residential space migrants choosing from different backgrounds , however since the late 2000s migration flows are diversified being mostly Latin American immigrants who live in precarious conditions , accessing tugurizados properties , deteriorated in an increasingly growing informal market. The results presented here are derived from quantitative residential location of migrants , as well as the implementation of 13 in-depth interviews . From these results emerge that Latin American migrants access to the same places where once lived internal migrants, however they inhabit a restrictive market , uneven and inadequate living conditions lease, but allows them to articulate residence and proximity to industrial networks , social and popular trade.

St. Catharines and District Labour Council fonds, 1957-1986

The St. Catharines and District Labour Council was founded in May 1957 by unionized workers from St. Catharines, Thorold, Merritton, Port Dalhousie and Grimsby. They sought to improve the social and economic welfare of workers; promote the organization of workers into unions for their mutual benefit, regardless of race, creed, colour, or national origin; encourage the sale of union-made goods and services; promote worker education; provide workers with a voice in politics; and safeguard the democratic nature of the labour movement. The Council, affiliated with both the Canadian Labour Congress and the Ontario Federation of Labour, was instrumental in assisting local workers with their labour disputes, including Canadian Pulp and Paper workers at Abitibi Provincial Paper in Thorold [1975-76], and Gallaher Paper [1999], workers at the St. Catharines Eaton’s store [1985], as well as smaller disputes such as that between the part-time secretarial staff and the Welland County Roman Catholic Separate School Board [1972] and workers of the Skyway Lumber Company [1972]. The Council also assisted the community at large by offering a Community Counseling Service [1971-1976] to help citizens with issues concerning various government agencies, social services and Acts, such as the Vacation Pay Act, Landlord and Tenant Act, Employment Standards Act, unemployment insurance claims and workman’s compensation claims. Other projects that the Council organized included an annual Education Institute [1958-1965] and the annual publication of Labour Review, a summary of the Council’s past year. The Labour Council continued to operate until 2010, when several local Labour Councils merged to form the Niagara Regional Labour Council.

Multifamily housing : impact of loan sales on tenants and properties varies by property : report to the Subcommittee on Housing and Transportation, Committee on Banking, Housing, and Urban Affairs, U.S. Senate /

"B-283961"--P. 5.

Khots and Khoti villages.

Mode of access: Internet.

Observations on the present state of landed property : and on the prospects of the landholder and the farmer.

Mode of access: Internet.