Options to renew leases: time for legislative relief?

Argues that England should follow the example of Australia and New Zealand and give the courts statutory power to grant a tenant relief against forfeiture of the right to exercise an option to renew a lease by reason of the tenant being in breach of covenant. Suggests the legislative provision introducing this power should adopt wording mirroring that in the Law of Property Act 1925 s.146(2).

Virtual assignments: breach of covenant against parting with or sharing of possession

Comments on the Chancery Division decision in Clarence House Ltd v National Westminster Bank Plc on whether the alienation covenant in a lease of commercial premises had been breached by the tenant effecting a virtual assignment of it, under which all the economic benefits and burdens of the lease were transferred to a third party without there being any actually assignment of the leasehold interest or change in occupancy.

Jackson v JH Watson Property Investment Ltd.

Comments on the Chancery Division decision in Jackson v JH Watson Property Investment Ltd on whether a landlord was liable in nuisance to a long leaseholder in respect of damage caused to the demised property by a building defect which pre-dated the grant of the lease or whether the principle of caveat lessee applied. Considers whether the defect amounted to "disrepair" within the meaning of the landlord's repairing covenant.

Too much formality?

Reflects on problems created by the formalities applicable to leases, with reference to the exceptions to the rule that leases be made by deed and the position of tenants paying rent under a void lease. Considers possible proposals for simplifying the system, including the introduction of a single requirement that all leases be in writing, abolishing the need for a deed when assigning a tenancy and reforming the right of tenants under a short lease to oblige landlords to supply written details of the tenancy terms.

Personal and proprietary tenancies

Examines the Chancery Division ruling in London Development Agency v Nidai on whether a number of agreements providing for the construction of a bridge and shop premises on the retaining walls of a river resulted in a binding legal lease or a series of bare licences. Comments on the failure of the judgment to mention the House of Lords ruling in Bruton v London & Quadrant Housing Trust and discusses whether a Bruton tenancy is capable of binding third parties.

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.

The incentives of a resource owner: Evidence from a private oyster fishery

European flat oyster Ostrea edulis fisheries were once abundant around the UK coastline. The sole remaining productive O. edulis fishery in Scotland is in Loch Ryan. This fishery has been privately owned and managed by a single family since 1701. Economic theory predicts that ownership, whether public or private, is a necessary condition for rational fishery management. In this paper, a series of four leases and a licence are examined, covering an 85-year period over the 20th and 21st century, to examine whether the management of the Loch Ryan fishery conforms to the expected norms of rational management. The leases show that, over this period, the owners appear more willing to expend resources on regulating tenant behaviour, supporting the conclusion that successive generations of owners developed an evolving sense of what "rational management" might require. The results of this study could inform the management of other fisheries - both public and private - by emphasising the importance of learning from experience.

Socialized credit and the working-class family economy: a comparative history of Britain and France 1900-2000

This paper provides a comparative analysis of working class consumer credit in Britain and France from the early twentieth century through to the 1980s. It indicates a number of similarities between the two nations in the earlier part of the period: in particular, in the operation of doorstep credit systems. For the British case study, we explore consumer finance offered by credit drapers (sometimes known as tallymen) whilst in France the paper explores a similar system that functioned in the coalmining communities around the city of Lens. Both methods operated on highly socialised relationships that established the trust on which credit was offered and long-term creditor/borrower relationships established. In the second part of the paper, we analyse the different trajectories taken in post-war France and Britain in this area of working class credit. In France this form of socialized credit gradually dwindled due to factors such as ‘Bancarisation’, which saw the major banks emerge as modern bureaucratized providers of credit for workers and their families. In contrast, in Britain the tallymen (and other related forms of doorstep credit providers) were offered a new lease of life in the 1960s and 1970s. This was a period during which British credit providers utilised multiple methods to evade the hire purchase controls put in place by post-war governments. Thus, whilst the British experience was one of fragmented consumer loan types (including the continuation of doorstep credit), the French experience (like elsewhere in Europe) was one of greater consolidation. The paper concludes by reflecting on the role of these developments in the creation of differential experiences of credit inclusion/exclusion in the two nations and the impact of this on financial inequality.

NCRF 9 – locações: implicações fiscais e de auditoria

Dissertação apresentada ao Instituto Superior de Contabilidade e Administração do Porto para a obtenção do Grau de Mestre em Auditoria ORIENTAÇÃO: DR. JOÃO COSTA

A Avaliação Imobiliária e a sua relação com o Investimento

O presente relatório visa cumprir os requisitos da unidade curricular Dissertação, Projeto ou Estágio (DIPRE) do mestrado em Engenharia Civil do Instituto Superior de Engenharia do Porto (ISEP). O estágio curricular decorreu na empresa VPM - Vaz Pinto Mendes - Unipessoal Lda, sob o tema: “A avaliação imobiliária e a sua relação com o investimento”. A avaliação imobiliária visa determinar o valor associado aos bens imóveis. Pode ser aplicada a todo o tipo de bens imóveis, tais como: apartamentos e moradias uni e multifamiliares, espaços comerciais e de serviços, quintas, unidades hoteleiras e industriais, complexos desportivos, entre outros. A avaliação imobiliária poderá ser solicitada por parte de proprietários ou arrendatários dos imóveis, por empresas, tribunais, advogados e solicitadores. Apresenta diversos fins, tais como a determinação do valor de indemnização devido a expropriações, o financiamento hipotecário para compra ou construção de imóveis, partilhas, estudo de um investimento financeiro, intenção de venda ou arrendamento, efeitos fiscais ou apenas o simples conhecimento do valor aproximado das propriedades que se possui. O presente estudo visa abordar o atual mercado imobiliário nacional, o procedimento de realização de uma avaliação imobiliária e principalmente os métodos de avaliação tradicionais.

Influência dos equipamentos de aquecimento, arrefecimento e AQS na certificação energética de edifícios

Na União Europeia os sectores dos transportes e da indústria são ambos grandes consumidores de energia, mas são os edifícios residenciais e de serviços onde o consumo energético é maior, e em 2005, segundo a EnerBuilding, representavam cerca de 17% dos consumos de energia primária em termos nacionais. A energia gasta com a iluminação, o aquecimento, o arrefecimento e AQS das habitações, locais de trabalho e locais de lazer é superior à consumida pelos sectores dos transportes e da indústria. As habitações representam dois terços do consumo total de energia dos edifícios europeus, o qual aumenta todos os anos com a melhoria da qualidade de vida, traduzindo-se numa maior utilização dos sistemas de climatização. Neste sentido, e de acordo com o decreto-lei que transpõe para a legislação portuguesa a diretiva comunitária relativa ao desempenho energético dos edifícios, todos os Estados da União Europeia devem ter um sistema de certificação energética para informar o cidadão sobre a qualidade térmica dos edifícios, aquando da construção, da venda ou do arrendamento. Assim, entrou em vigor em Portugal, desde 1 de Janeiro de 2009, a obrigatoriedade de apresentação de um certificado de eficiência energética, no ato de compra, venda ou aluguer de edifícios novos e existentes. A certificação energética permite assim aos futuros utilizadores dos edifícios obter informação sobre os potenciais consumos de energia, no caso dos novos edifícios ou no caso de edifícios existentes sujeitos a grandes intervenções de reabilitação, dos seus consumos reais ou aferidos para padrões de utilização típicos, passando o consumo energético a integrar um conjunto dos aspetos importantes para a caracterização de qualquer edifício. Em edifícios de serviços, o certificado energético assegura aos utentes do edifício ou da fração que este reúne condições para garantir a eficiência energética e a adequada qualidade do ar interior. Uma vez que passamos 80% do nosso tempo em edifícios, e que isto se reflete num consumo cada vez mais elevado do sector residencial e dos serviços no consumo total energético do país, este trabalho pretende fazer a comparação dos vários equipamentos de aquecimento, de arrefecimento e de AQS e qual a influência dos mesmos na certificação energética de edifícios, e consequentemente na eficiência dos mesmos, sendo que a eficiência e a certificação energética de um edifício deve ser um aspeto relevante a levar em consideração no momento do planeamento ou da construção, bem como na aquisição de uma nova habitação. Um projeto concebido de modo a tirar proveito das condições climáticas, da orientação solar, dos ventos dominantes e utilizadas técnicas construtivas e os materiais adequados, é possível reduzir os gastos energéticos com a iluminação ou os sistemas de climatização.

Res Publica: Citizenship and Political Representation in Portugal, 1820-1926

The term res publica (literally “thing of the people”) was coined by the Romans to translate the Greek word politeia, which, as we know, referred to a political community organised in accordance with certain principles, amongst which the notion of the “good life” (as against exclusively private interests) was paramount. This ideal also came to be known as political virtue. To achieve it, it was necessary to combine the best of each “constitutional” type and avoid their worst aspects (tyranny, oligarchy and ochlocracy). Hence, the term acquired from the Greeks a sense of being a “mixed” and “balanced” system. Anyone that was entitled to citizenship could participate in the governance of the “public thing”. This implied the institutionalization of open debate and confrontation between interested parties as a way of achieving the consensus necessary to ensure that man the political animal, who fought with words and reason, prevailed over his “natural” counterpart. These premises lie at the heart of the project which is now being presented under the title of Res Publica: Citizenship and Political Representation in Portugal, 1820-1926. The fact that it is integrated into the centenary commemorations of the establishment of the Republic in Portugal is significant, as it was the idea of revolution – with its promise of rupture and change – that inspired it. However, it has also sought to explore events that could be considered the precursor of democratization in the history of Portugal, namely the vintista, setembrista and patuleia revolutions. It is true that the republican regime was opposed to the monarchic. However, although the thesis that monarchy would inevitably lead to tyranny had held sway for centuries, it had also been long believed that the monarchic system could be as “politically virtuous” as a republic (in the strict sense of the word) provided that power was not concentrated in the hands of a single individual. Moreover, various historical experiments had shown that republics could also degenerate into Caesarism and different kinds of despotism. Thus, when absolutism began to be overturned in continental Europe in the name of the natural rights of man and the new social pact theories, initiating the difficult process of (written) constitutionalization, the monarchic principle began to be qualified as a “monarchy hedged by republican institutions”, a situation in which not even the king was exempt from isonomy. This context justifies the time frame chosen here, as it captures the various changes and continuities that run through it. Having rejected the imperative mandate and the reinstatement of the model of corporative representation (which did not mean that, in new contexts, this might not be revived, or that the second chamber established by the Constitutional Charter of 1826 might not be given another lease of life), a new power base was convened: national sovereignty, a precept that would be shared by the monarchic constitutions of 1822 and 1838, and by the republican one of 1911. This followed the French example (manifested in the monarchic constitution of 1791 and in the Spanish constitution of 1812), as not even republicans entertained a tradition of republicanism based upon popular sovereignty. This enables us to better understand the rejection of direct democracy and universal suffrage, and also the long incapacitation (concerning voting and standing for office) of the vast body of “passive” citizens, justified by “enlightened”, property- and gender-based criteria. Although the republicans had promised in the propaganda phase to alter this situation, they ultimately failed to do so. Indeed, throughout the whole period under analysis, the realisation of the potential of national sovereignty was mediated above all by the individual citizen through his choice of representatives. However, this representation was indirect and took place at national level, in the hope that action would be motivated not by particular local interests but by the common good, as dictated by reason. This was considered the only way for the law to be virtuous, a requirement that was also manifested in the separation and balance of powers. As sovereignty was postulated as single and indivisible, so would be the nation that gave it soul and the State that embodied it. Although these characteristics were common to foreign paradigms of reference, in Portugal, the constitutionalization process also sought to nationalise the idea of Empire. Indeed, this had been the overriding purpose of the 1822 Constitution, and it persisted, even after the loss of Brazil, until decolonization. Then, the dream of a single nation stretching from the Minho to Timor finally came to an end.

Scholfield-Galbraith family fonds, 1865-1924

The Scholfield and Galbraith families of Dunnville, Ont. were related by marriage. Thomas Jefferson Galbraith (1842-1921) worked as a collector of canal tolls at Port Maitland, a landing waiter and searcher and an acting preventive officer in Customs. He was married to Jane Ann [Jennie] Montieth and they had five children, Margaret, Minnie Montieth, Genevieve Marion, Edith Stuart and Thomas Percy Galbraith. Genevieve Marion Galbraith was married to Harry E. Scholfield, son of Frederick Scholfield (d.1908) and Georginna Galer (d. 1888), a dry goods merchant in Dunnville. Some extent records belong to a William Scholfield who operated a mill in Dunnville. Included are records related to land lease, mortgage and bargain and sale agreements between Scholfield and various individuals, including Richard Kirkpatrick, William Kohler, Alvin Drake, Robert Ban[u]d, Henry Beckett, Sr., Samuel Waltho, Nehemiah Niece.

Robert Campbell, Pelham Township Land Documents, 1879-1894 (not inclusive)

Robert Campbell was the son of Robert Campbell and Jannette Miller, born about 1836 in Pelham North Township. He married Elizabeth Ann Ingram on Saturday, September 7, 1878 in Pelham Township, and they had 2 sons: Robert Carson Campbell and George D. Campbell. He died on February 27, 1908 in Malahide Township, Norfolk County, Ontario.

Royal Bank of Canada records, 1973-1977

In 1973, the Royal Bank of Canada began construction on a new office in downtown Toronto known as the Royal Bank Plaza. The $100 million construction project consisted of two triangular office towers linked by a glass-enclosed banking hall. In addition to housing the Royal Bank of Canada’s Ontario headquarters, the Plaza included a two-level shopping concourse with restaurants and boutiques, as well as office space available for lease. The Plaza officially opened on March 10, 1977.