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1 – 10 of 489The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road…
Abstract
Purpose
The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road characterised by a litany of hiccups.
Design/methodology/approach
The study is guided by the qualitative methodology. Data were mainly collected from property managers operating in the real property market in Harare using in-depth interviews. Analysis of data was done through content analysis.
Findings
It emerged from the study that the eviction process in Zimbabwe is fraught with impediments and expenses that are sometimes exasperating to property owners and investors. The current eviction regulations favour the lessees at the expense of lessors thus niggling lessees have aggravated the already protracted process by unnecessary appeals.
Research limitations/implications
The paper only focuses on residential property management and eviction of legal lessees due to non-payment of rentals.
Practical implications
The rent regulations should be reviewed in order to create a fair legal system that protects the rights of both the lessors and lessees in Zimbabwe.
Originality/value
The perpetual decline of the economy in Zimbabwe has crippled lessees’ ability to pay rentals. Yet, it has also become intricate to evict defaulting lessees thereby causing loss of income to rental housing investors. Thus, the paper challenges the protracted eviction processes in the real property industry that have prejudiced property owners and scared away potential rental housing investors that are greatly needed to boost the rental market.
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Jim Clifford and Martin Ackland
The landlord‐tenant relationship is one of the oldest forms of legalagreement with us today. The last seven centuries have seen English lawdevelop through the operation of both…
Abstract
The landlord‐tenant relationship is one of the oldest forms of legal agreement with us today. The last seven centuries have seen English law develop through the operation of both the courts and statute. The result for the unpaid landlord has been a bewildering array of remedies. Considers the developing range of options open to the landlord or managing agent in trying to recover rents and other dues in the face of mounting financial problems among tenants. Focuses on practicalities and selection criteria for the procedures considered
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The purpose of this paper is to use the notion of “casualisation” in an employment context to reflect on similar developments in England and Wales since 1996 which have combined…
Abstract
Purpose
The purpose of this paper is to use the notion of “casualisation” in an employment context to reflect on similar developments in England and Wales since 1996 which have combined to undermine security of tenure in the private and social rented sectors and exposed the vulnerability of owner occupiers who default on mortgage repayments.
Design/methodology/approach
The paper draws on observations made by commentators in housing and social policy as well as official papers, statutes and cases.
Findings
The problems posed for the long‐term security of residential occupiers are highlighted and are shown to result from a combination of factors including the deregulation of the private rented sector, the dependency of housing association on their rental streams, governmental preoccupation with anti‐social behaviour in social housing and the principle that mortgage lenders have the right to possession of the mortgaged property.
Originality/value
The notion of casualisation is used as an analytical tool to assess changes in law and policy, and to suggest possibilities for reform.
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There are three approaches to valuation: cost, market and income. As a subset to the income approach, the investment method looks at the pricing of assets that produce income over…
Abstract
Purpose
There are three approaches to valuation: cost, market and income. As a subset to the income approach, the investment method looks at the pricing of assets that produce income over an investment holding period. The discounted cash flow (DCF) technique or model can be developed to look at the cash flows on a quarterly basis to reflect the actual receipt of the cash flows. This Education Briefing is a overview of the DCF quarterly model and the need to analyse comparables appropriately. The paper aims to discuss these issue.
Design/methodology/approach
The DCF quarterly model can be seen to produce estimates of market value.
Findings
As the use of DCF is developed and expanded, it is useful to be able to model the cash flows appropriately.
Practical implications
The old adage “value as you analyse” applies to DCF valuations. If valuing quarterly, then the analysis needs to be done on the same basis.
Originality/value
This briefing is an overview of the pricing of freehold rack rented properties in the UK.
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Considers the use of distress as an effective and efficient meansof resolving non‐payment of commercial property rent. Asserts thatdistress is rarely used because it is not…
Abstract
Considers the use of distress as an effective and efficient means of resolving non‐payment of commercial property rent. Asserts that distress is rarely used because it is not properly understood. Discusses which goods are excluded from distraint, the role of bailiffs in such cases, valuation of distrained goods and the enforcement of Walking Possession Agreement in relation to distress.
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The purpose of this paper is to review briefly the main remedies open to the landlord where the tenant is in breach of covenant and, in the process, both to consider some of the…
Abstract
The purpose of this paper is to review briefly the main remedies open to the landlord where the tenant is in breach of covenant and, in the process, both to consider some of the problems which may be encountered in this connection and to look at some of the more recent case law in this field. A subsequent paper will deal with the same general area of the law from the point of view of the tenant seeking to take action to enforce performance of the landlord's covenants. The law is stated as it is believed to be up to 1st May, 1988.
Since the early 1960s institutional investment in property, both direct and indirect, has increased from several hundred million pounds to over £2,200m in 1981. The consistently…
Abstract
Since the early 1960s institutional investment in property, both direct and indirect, has increased from several hundred million pounds to over £2,200m in 1981. The consistently good performance of prime property, which has generally outpaced inflation and most other forms of investment, and its limited supply and resilience in recession has maintained properties' position a major investment outlet for the institutions (accounting for some 16.7 per cent of new money accruing in 1981). The substantial sums which have been invested over the last two decades have resulted in the creation of huge portfolios. With long‐term double figure inflation and the increased accountability of fund managers and their advisors a greater emphasis has been placed on active management of the existing portfolio. No longer is it acceptable to assume that a portfolio is correctly managed if there are no arrears of rent and all the tenants' covenants are complied with.
Examines the Law Commission report which recommends the abolitionof the remedy of distress for rent. Discusses the advantages of distressto landlords, the disadvantages, distress…
Abstract
Examines the Law Commission report which recommends the abolition of the remedy of distress for rent. Discusses the advantages of distress to landlords, the disadvantages, distress statutes, restrictions, levying procedure, costs, what can be distrained, leased equipment, third parties′ rights, insolvency, sub‐tenants′ liability, certificated bailiffs, and the Law Commission′s views. Surmises that it is now a matter for the Lord Chancellor to decide whether legislation is desirable.
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Job Taiwo Gbadegesin and Olatoye Ojo
Management factors of recalcitrant tenants in residential premises have become central concerns of many private residential property owners in Ibadan metropolis. The purpose of…
Abstract
Purpose
Management factors of recalcitrant tenants in residential premises have become central concerns of many private residential property owners in Ibadan metropolis. The purpose of this paper is to investigate the causes and dimension of the phenomena so as to prevent the loss of rent and encourage investment in rental housing in the city.
Design/methodology/approach
The study elicited data through personal and direct administration of questionnaires on 51 estate surveying and valuation firms. The data collected included companies' profiles, years of property management experience, properties in their management portfolio, tenants' selection, category of recalcitrant tenants, handling techniques and influencing factors.
Findings
Results indicated that act of non‐compliance and adherence to ethics of property management by estate surveyors and valuers (managers) in the area constitutes a major cause of recalcitrant tenants. Also, estate surveyors and valuers disregard some relevant factors while selecting tenants to fill vacancies such as police report, family factor, rental arrears, maintenance culture, personal/family crisis and mental illness/addiction. These, among others, consequently affect the objectives of investing in rental properties in the metropolis.
Practical implications
The study recommends strict compliance to ethics (rules and regulations) put down in the constitution of NIESV (2005). Also estate surveyors and valuers (managers) should be encouraged to attend mandatory continuing professional development (MCPD). Lease/tenancy agreement should be clearly reached, documented and implemented. All transactions in residential property management should be executed at “arm's length” with transparency without bias.
Research limitations/implications
Future research is needed to undertake statistical references through a comprehensive survey of all types of tenant: private/public tenants, commercial properties tenants and agricultural land tenants in Ibadan land.
Originality/value
The study helps to identity categories of recalcitrant tenants in residential properties, the rental residential properties occupied, causes of recalcitrance and treatment approaches of recalcitrant tenants.
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