Orthodoxy confirmed, but at what cost?

Examines the Court of Appeal ruling in Mexfield Housing Co-operative Ltd v Berrisford on whether a periodic tenancy agreement concluded by a housing association, which purported to prohibit the landlord from seeking possession unless the tenant was in arrears of rent, or otherwise in breach, could be terminated by way of a notice to quit, even where no breach had occurred, on the ground of uncertainty of term. Considers whether the agreement could be enforced under the rules of equity.

A fresh look at S.54(2)

Examines the operation of the provisions of the Law of Property Act 1925 s.54(2) containing an exception to the rule that a deed is required in order to create a valid legal lease and conferring full legal status to short-term letting agreements created by parol, focusing on the requirements that the lease must take effect in possession and must be at the best rent reasonably obtainable without fine. Calls for the former of these two requirements to be amended and the latter abolished on the ground that they give rise to unnecessary complexity in the law and, in the case of the latter, uncertainty.

Mere equities and third parties in leasehold law

Examines the concept of a "mere equity" in the context of the Land Registration Act 2002 s.116(b). Considers, by reference to case law, the nature and status of a mere equity and equities coming within the category of equitable rights binding third parties, including a landlord's right to rectification of a lease, the right to set aside a lease and a tenant's right to relief against forfeiture of a lease. Comments on the extent to which s.116(b) requires a mere equity to be more than just procedural and to be an equitable proprietary right capable of binding successors in title.

Visual modes of governmentality:traffic lights in a housing association

This study focuses on the use of traffic lights by a Registered Social Landlord (RSL) as a visual representation of self conduct that reflects a way of thinking, acting and constituting a 'well governed, well managed and viable' housing association. We show that the visible representation of traffic lights introduced by the regulator as indicators of performance has been used widely by the RSL to reflect two self-imposed principles of continuous improvement and self assessment. In this context the different accounts of governmentality within the RSLs board reports are studied and some significant insights suggested. © 2010 Elsevier Ltd.

Case Comment : Challenging the validity of leasehold guarantees:undue influence, non-est factum and formality issues

Case: Beardsley Theobalds Retirement Benefit Scheme Trustees v Yardley [2011] EWHC 1380 (QB) (QBD). The recent case of Beardsley Theobalds Retirement Benefit Scheme Trustees v Yardley, nicely illustrates, inter alia, the impact of the contractual defences of undue influence and the plea of non est factum in the context of avoiding liability under leasehold guarantees, within the setting of the landlord and tenant relationship. Additionally, the case also gives us an insight into the possible application of other technical defences relating to the law of formalities for leases. Judgment in this case was handed down on September 30, 2011.

Town and Countryside in early modern Hungary The Case of Sopron, c. 1500-1800

The town of Sopron (Ödenburg) is situated near the western border of Hungary at the junction of major routes of commerce, no further than 70 km from Vienna. As early as in 1291 the town had become a chartered town or free royal town, which meant the most fully-fledged municipial autonomy in this period. The town was subordinated only to the king and could represent itself in parliament from 1445. The surrounding seigniorial towns and villages often lodged an appeal with the Town Court due to its wide legal autonomy. The inhabitants of seigniorial towns and the villagers could have been under the necessity of going to the town, and the legal proceedings they experienced in Sopron may have meant a model pattern for them. The seigniorial town (oppidum) is a settlement under the landlord's authority, with limited legal privileges, concentrated mostly on agricultural production and on the exchange of products of its immediate hinterland. Sopron as a county town was gradually becoming significant during the early modern period. The county (megye) was not only the unit of administration in Hungary, but that of the autonomy of nobility, too. The importance of Sopron as a county town attracted many noblemen dwelling in Sopron county to the town. The county was one of the most densely populated in the 15-18th c., at the beginning of the 18th c., for example, the density was 32 person/km2 and it rose more than 40 p/km2 by the end of the century. The population of Sopron was approximately 3500-3700 in the middle of the 15th c., and due to the decline during the later decades some 3000 persons lived in the town in the early 16th c. According to the first national census the population of Sopron was 12600 in 1784-87. These data place Sopron at the high level of Hungarian urban hierarchy in this period. This paper will explore two significant aspects of the relation between the town and its countryside: the problems of mutual economic dependence and the role of Sopron as a centre of culture.

54 rue DuBalcon

Travail créatif / Creative Work

54 rue DuBalcon

Travail créatif / Creative Work

Renta feudal, ejercicio del poder y diferenciación social campesina en el marco del señorío del cabildo salmantino en la Edad Media

El presente trabajo analiza la evolución del señorío eclesiástico en el largo plazo, para sumar al conocimiento de las formas señoriales de la Extremadura leonesa. Consideramos específicamente el caso del cabildo catedralicio salmantino entre los siglos XII y XV. Buscamos demostrar que no poseyó idéntica estructura durante todo el período y que sus transformaciones se explican por una compleja conjunción de variables. Dichas transformaciones incidieron sobre las estructuras sociales del agro, en especial sobre el desarrollo de procesos de diferenciación social campesina. Demostramos que la forma concreta en que se realizaba la renta podía alterar las estructuras sociales de las comunidades y que el desarrollo de las relaciones sociales asalariadas se encontraba muy vinculado a las coyunturas económicas y a las posibilidades y límites de la gestión señorial. Finalmente, ponemos de relieve que la transformación social no siempre fue irreversible y que su consolidación dependió de la incapacidad de los señores de ejercer sus poderes políticos.

A house, not a home? Examining the use of the private rented sector to resolve homelessness in Scotland

Changes to homelessness legislation in post-devolution Scotland have resulted in an expansion of rights for homeless households seeking formal assistance from local authorities. These changes have led to Scotland’s homelessness arrangements being considered among the most progressive in Europe. In recent years, however, the Scottish Government has increasingly promoted homelessness prevention and Housing Options approaches as a means by which homelessness might be avoided or resolved without recourse to statutory rights. As part of that, they have promoted greater use of the private rented sector (PRS) as a key housing option, with the potential to meet the needs of homeless households. The arguments made to support use of the PRS have much in common with arguments for privatisation in other areas of social policy, notably greater choice for the individual promoting better welfare outcomes, and competition among providers encouraging improvements in quality of service provision. Critics have argued that such benefits may not be realised and that, on the contrary, privatisation may lead to exclusion or act to worsen households’ outcomes. This thesis considers the extent to which the PRS has been utilised in Scotland to accommodate homeless households, and the consequences of this for their welfare. The thesis uses a combination of quantitative and qualitative methods. To examine trends in the use of the PRS, it presents quantitative analysis of the data on the operation of the statutory system and Housing Options arrangements, and of data from a survey of local authority homelessness strategy officers. To examine the consequences of this for homeless households, the thesis uses qualitative research involving face-to-face interviews with 35 homeless households across three local authority areas. This research considers the extent to which households’ experiences of homelessness, housing need and the PRS reflect the arguments presented in the literature, and how settled accommodation has impacted on households’ ability to participate fully in society. The research found an increasing but still limited role for the PRS in resolving statutory homelessness in Scotland, with indications that the PRS is being increasingly used as part of the Housing Options approach and as a means of resolving homelessness outside the statutory system. The PRS is being utilised to varying degrees across different local authority areas, and a variety of methods are being used to do so. While local authorities saw clear advantages to making greater use of the sector, a number of significant barriers including affordability, available stock and landlord preferences - made this difficult in practice. Research with previously homeless households in the PRS similarly found broadly positive experiences and views of the sector, particularly with regard to enabling households to access good quality accommodation in desirable areas of their choosing, with many households highlighting improvements relating to social inclusion and participation. Nevertheless, concerns around the security of tenure offered by the sector, repairs, service standards and unequal power relations between landlord and tenant persisted. As such, homeless households frequently expressed their decision to enter the sector in terms of a trade-off between choice and security.

Assigning Refugees to Landlords in Sweden: Stable Maximum Matchings

This version: August 15, 2017 (original version: December 7, 2016)

Rural change south of the river Bride in counties Cork and Waterford: the surveyors' evidence 1716–1851

Estate studies in Irish historical geography have been often designed to confirm or contrast local trends of development with those previously identified at the regional or sub-regional level. To date, little attention has been awarded to estate maps in studies of rural landscape change. It is a theme of this paper that the results yielded from a careful study of such estate maps can throw light on the results of the activities of the majority of estate residents. In this regard, it is fortunate that at Lismore surveys of the estate in 1716–17 and 1773–4 have survived, and a nineteenth century dimension is added by an analysis of the Valuation Office maps for 1851. This work is focused on a study of critical indicators of change, notably leasing arrangements, farm size, rate and type of enclosure, infrastructural development and settlement growth. These changes are reviewed within the framework of the dialectic that developed between landlord or landlord-inspired management policies and the forces released locally by the vast bulk of the population. Broadly this analysis indicates some of the potential rewards which may be secured by detailed scrutiny of estate maps in conjunction with other estate records.

Assigning Refugees to Landlords in Sweden: Stable Maximum Matchings

The member states of the European Union received 1.2 million first time asylum applications in 2015 (a doubling compared to 2014). Even if asylum will be granted for many of the refugees that made the journey to Europe, several obstacles for successful integration remain. This paper focuses on one of these obstacles, namely the problem of finding housing for refugees once they have been granted asylum. In particular, the focus is restricted to the situation in Sweden during 2015–2016 and it is demonstrated that market design can play an important role in a partial solution to the problem. More specifically, because almost all accommodation options are exhausted in Sweden, the paper investigates a matching system, closely related to the system adopted by the European NGO “Refugees Welcome”, and proposes an easy-to-implement algorithm that finds a stable maximum matching. Such matching guarantees that housing is provided to a maximum number of refugees and that no refugee prefers some landlord to their current match when, at the same time, that specific landlord prefers that refugee to his current match.