Archive for the ‘Landlord and tenant’ Category

Implied periodic tenancies

May 7, 2013

Just posted a short piece on implied periodic tenancies on my Land Law blog (available here).

Service Occupiers: Who Is In Possession?

March 28, 2013

My note, ‘Service Occupiers: Who Is In Possession’ reviews the English cases looking at the situation in which an employee lives in property of the employer. The cases provide criteria for deciding whether the employer or the employee is in possession (is a tenant or a licensee). The note is available for download from SSRN by clicking here.

Street v Mountford

March 19, 2013

I’ve written a brief note setting out the main issues covered inĀ Street v Mountford. It is available on SSRN by clicking here. I’ve posted a brief slidecast related to this on Youtube (click here).

Article on Bruton in King’s Law Journal

December 14, 2011

My article ‘Bruton v London & Quadrant Housing Trust: Opening Pandora’s Box’ has just appeared in King’s Law Journal ((2011) 22(3) King’s Law Journal 403 – 413) – click here to go to the Journal’s web-page). The article considers the possible legal bases for the House of Lords decision in this case. Lord Neuberger has recently stated that relativity of title supplies the explanation (Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52, para. 65). London & Quadrant’s possession could be seen as giving them a relative title out of which to carve a lease. Similarly, Mr. Bruton’s own possession could be seen as conferring relative title. This explanation would allow the outcome to be compatible with the traditional idea that the lease is always an estate in land. I argue, however, that Lord Hoffman was careful to reject the idea that Mr. Bruton had any title at all (relative or otherwise).

Chitty on Contracts

September 29, 2010

My chapter on Landlord and Tenant in Chitty on Contracts (Hong Kong Specific Contracts) has just been published.

The Bruton Tenancy

February 18, 2010

My article “The Bruton tenancy” has just appeared – (2010) 1 Conveyancer and Property Lawyer 38 – 56.

The judgments in the Court of Appeal and in the House of Lords are fascinating and discuss fundamental issues concerning the nature of the lease. Can there be a purely contractual lease? This is a lease that is not an estate in land.

There has been a good deal of commentary on the decisions and this article draws on this literature and, of course, seeks to add to it in a useful way.