Landlord and Tenant in Context

Citation

Barrett, P. (2008), "Landlord and Tenant in Context", Journal of Property Investment & Finance, Vol. 26 No. 5, pp. 450-451. https://doi.org/10.1108/14635780810900288

The title of this book is very apt. Throughout the text the author explains how public policy and commercial and economic needs have impacted upon and influenced the development of the law from the early days of contract through to the complex legislative framework that regulates and controls the relationship between landlord and tenant today. The author sets out the arguments for and against the need for such intervention by illustrating the text with detailed references to decided case law and reports from the Law Commission. The bibliography at the end is most impressive, providing the reader with a range of additional reading material upon which to build their knowledge of a fascinating and increasingly important subject area.

The book is cleverly divided into seven clear sections. Whilst each has a distinctive content, it also links with the whole text. In this format the reader is taken step by step from an initial introduction to the basic concept of a lease and the nature of the relationship between the parties, through to an explanation of the different ways a lease can be brought to an end via the creation and management of the relationship. In each section both the relevant common law and legislation are explained in the relevant context, demonstrating how the interests of both landlord and tenant are dealt with and reconciled.

Part one introduces the reader to the overall concept of leases by setting out some of the key issues surrounding the landlord and tenant relationship such as the lease as a commercial contract and a valuable asset in the hand of both parties (though valuable perhaps for different reasons). It clearly explains the terminology used and chapter one in particular ends with a very useful glossary.

Part two deals with ownership, occupation and possession and discusses the way in which the courts will determine what type of relationship has been created between the parties. The important distinctions between a lease and a licence and a legal and an equitable lease are considered together with a detailed consideration of the essential requirements for a valid legal lease and the factors that will influence the negotiations between the parties.

Part three deals with residential and commercial properties separately and examines how government policy and how human rights have combined to created various legislative controls that regulate the landlord and tenant relationship and provide a degree of protection for both parties to the agreement.

The on‐going management of the relationship between the original parties to the agreement is dealt with in part four, which looks in detail at the enforceability of covenants and the remedies for breach. There is a particularly comprehensive section on maintenance and repair. Part five goes on to consider the enforceability of these covenants following sub‐letting, assignment of the term or sale of the reversion.

Finally parts six and seven look at the security of tenure aspects in some detail making comparisons between different types of lease and finally finishes, logically, with the process for termination and the service of notice.

The text is thoroughly up to date and provides an excellent reference book for all aspects of landlord and tenant law and includes some practical hints and tips.

Susan Bright has produced a thoroughly comprehensive and extremely detailed textbook, which is clearly aimed at “serious” readers with an interest, both academic and practical, in understanding how landlord and tenant law fits into modern day society.