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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 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.

Demanding or accepting rent under the wrong circumstances can give rise to numerous problems. It may amount to the creation of a new tenancy, an affirmation that an old tenancy is being extended, or a waiver of a right of forfeiture due to breaches of covenant. It may also involve rent reviews and lease renewals.

This purpose of this paper is to examine whether disciplines outside law demonstrate consensus on the attributes of home, whether, to the extent that there is consensus, property law supports those attributes, whether those attributes can be reconciled with working from home, and how far property law is able to address uncertainty regarding the regulation of working from home.

This paper identifies conceptions of “home” from non-law disciplines. It examines the extent to which property law in England and Wales supports or challenges those conceptions. It examines the extent to which working in homes disrupts or distorts those conceptions. It assesses the extent to which property law engages with that disruption.

A lack of clarity in how “home” is defined and perceived in non-law disciplines, and a tendency in those disciplines to produce static and decontextualized notions of home is reflected in inconsistent property law approaches to protection of important “home” attributes. Recognition by property law of the prevalence of home working is relatively undeveloped. An under-appreciation of “context” dominates both cross-disciplinary perceptions of home, and the support which property law provides to those perceptions.

This paper focuses on conceptions of “home” drawn from disparate disciplines and seeks to find consensus in a diverse field. It concentrates on the regulation by covenants of the use of homes for non-domestic purposes in England and Wales.

Suggested alterations to property law and practice, and to the imposition and construction of covenants against business use, might better reflect the prevalence of working from home and clarify the circumstances in which homes can properly be used for work purposes.

This paper identifies that in its inconsistent recognition of “home” attributes in general, and in the lack of established principles for regulating the use of homes for business purposes in particular, property law offers insufficient certainty to occupiers wishing either to work at home, or to resist doing so. It identifies that a broader cross-disciplinary investigation into the inter-relationship between living spaces and working spaces would be beneficial.

The originality of this paper lies in its examination from a property law perspective of established cross-disciplinary conceptions of home in the context of the recent growth of working in homes.

The purpose of this paper is to review briefly the remedies open to the tenant where the landlord is in breach of covenant, with particular reference to some of the more recent case law in this field. The law is stated as it is believed to be up to 1st July, 1988.

Asks when it is possible to forfeit the property lease for breach of covenant. Considers the rules and limitations under which this right may be exercised in the light of a recent decision made by a Court of Appeal. Argues that this decision represents little more than a papering over archaic and arbitrary rules. Advocates the programme of reforms recommended by the Law Commission.

To report inflated operating performance indicators, such as operating revenue and operating profit, managers vertically reposition revenue and expense items inside the income statement. This study aims to investigate the relationship between credit market incentives and these practices.

This study examined a sample of 1,592 Bombay Stock Exchange-listed companies from 2009 to 2021 and tested them using panel data regression models. The propensity score matching method and different measurements of classification shifting practices are used to validate the results.

The conclusions drawn from the empirical data show that firms prefer revenue shifting over expense shifting to prevent debt covenant violations. It shows that the firm’s classification-shifting practices are driven by credit market incentives. This finding is consistent with the notion of positive accounting theory that firms engage in classification shifting (earnings management) to avoid violation of debt covenants. Further, the firm’s preference for revenue shifting is in line with the ease-need-advantage-based shifting framework where firms choose the shifting tool based on costs and constraints associated with each tool.

The finding suggests that if managers heavily rely on revenue shifting to avoid debt covenant violations, the firm may end up breaking these covenants based on its actual operating performance. Managers may use aggressive accounting techniques to prevent covenant violations, which can be a warning indicator of financial difficulties or operational problems. It highlights the necessity for creditors and investors to carefully evaluate a company’s financial stability outside of the financial statements that are publicly disclosed. Authorities should create separate forensic accounting standards for auditors to check revenue items and stop the corporate misfeasance of revenue shifting.

The study is among the earlier attempts to provide empirical evidence on credit market incentives behind classification shifting practices. It is the first study that documents the substitution relationship between classification shifting forms for avoiding violation of debt covenants.

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.