Landlord–tenant law

Landlord and tenant law referred to in the law of England and Wales, an area of ​​law, the conclusion of a lease (also tenancy ) and regulates the rights and obligations of landlord and tenant. It corresponds economically (not legal) about the Housing Tenancy in the countries of the German legal system.

Characteristics of a lease

English law distinguishes the sovereign rights on land, according to length of time in estates and on the respective obligations in tenures. In today's law only two possible types of estates: leasehold (eg, Mietlehen ') and freehold (eg, free fief '). The first is unlimited in time, the second time-limited. Historically, this goes back to the medieval notion that all property is entitled to the King of English country. Lords received land as a fief in return for services and awarded it in turn to their vill one. A distinction was made in estates of freehold and estates less than freehold, which were limited in time. Among the estates of freehold included:

• Estate in fee simple absolute
• Estate in fee tail
• Estate for life
• Estate pur autre vie

Furthermore, we distinguished the estates on whether a estate in law (so-called legal estates ) or merely in equity could be asserted. By the Law of Property Act 1925 (LPA 1925), the system should be the conveyancing greatly simplified. Since there are only two types of estates: the estate in fee simple absolute in possession and the term of years absolute, also referred to as leasehold. At the same country, a freehold estate and a leasehold for a third party exists, since p xix LPA 1925 possession ( possession ) can also exist 205, when a receipt for income from the property is.

Festivals and limited duration

The delineation of freehold consists primarily in the fact that that is determined and limited leasehold time. Although labeled as term of years, the feature will also be fulfilled if it is merely days or weeks. A leasehold on limited but indefinite period is not effective; so it was decided in Lace v Chantler (1944 ) that a lease "for the duration of the war" can not be closed. According to s 205 ( 1) LPA 1925 xxvii, however, there is a lease, even if in favor of the landlords is a fall-back clause in the event of breach of contract, such as failure to pay the rent agreed. It is also possible a periodic tenancy, which extended itself at regular intervals, as long as it is not completed.

The exclusive possession ( exclusive possession )

Constitutive for the existence of a lease is a further (though temporary ) but comprehensive in content ownership and use rights ( exclusive possession of land ); this also applies to the landlord, who can gain access only possibility of a special agreement.

Rent

Typically, but not necessarily, is a rent in favor of the landlords agreed. Usual is a cash payment, possible but also services. According to s 205 ( 1) LPA 1925 xxvii but a lease is possible without rent.

Lease and license

Important is the demarcation of the lease compared with a mere license. Classic happened to the feature of exclusive possession. The mere right to sell soft drinks in a movie theater, leads the absence of exclusive possession, only the adoption of a license ( Clore v Theatrical Properties Ltd (1936 ) ). More recently, this relatively clear demarcation has been increasingly eroded by the court and the boundaries appear today much more blurred.