Search results

1 – 10 of 123
Article
Publication date: 1 June 1994

P.F. Smith

Looks (in depth) at the Act brought in on 20 July 1993 affectingLeasehold Reform, Housing and Urban Development, and which has receivedRoyal Assent. Sets out the principal…

388

Abstract

Looks (in depth) at the Act brought in on 20 July 1993 affecting Leasehold Reform, Housing and Urban Development, and which has received Royal Assent. Sets out the principal elements of the two schemes and attempts to point out possible difficulties and hazards.

Details

Property Management, vol. 12 no. 2
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 1 March 1994

Andrew Wells

Considers the valuation of blocks of flats as a result of the LeaseholdReform, Housing and Urban Development Act, 1993. Qualifying residents ofblocks of flats now have the…

633

Abstract

Considers the valuation of blocks of flats as a result of the Leasehold Reform, Housing and Urban Development Act, 1993. Qualifying residents of blocks of flats now have the collective right to acquire the freehold and intermediary interests provided procedure is followed and price is agreed. Gives a critical analysis of the rules for valuation set out in Section 32 and Schedule 6 of the Act and by use of worked examples, gives guidance on the three constituent elements of the required valuation. The valuation of the freeholders′ existing interest, the split of marriage value and the compensatory issues are all considered. As well as giving the general background to leasehold reform and enfranchisement since the Leasehold Reform Act, 1967, also considers some of the management and practical issues affecting a compulsory freehold purchase of this nature. The right of appeal to the Leasehold Valuation Tribunal and ultimately the Lands Tribunal are also considered.

Details

Journal of Property Valuation and Investment, vol. 12 no. 1
Type: Research Article
ISSN: 0960-2712

Keywords

Article
Publication date: 1 March 1993

G. Waterson

Discusses the broad aims of the Leasehold Reform, Housing and UrbanDevelopment Bill 1993: collective enfranchisement, relevant premises,qualifying tenants, long lease, and leases…

Abstract

Discusses the broad aims of the Leasehold Reform, Housing and Urban Development Bill 1993: collective enfranchisement, relevant premises, qualifying tenants, long lease, and leases at a low rent. Examines enfranchisement procedures and the valuation aspects relevant to the Bill. Concludes that the Bill has caused considerable concern because its complexity appears to offer little benefit to anyone.

Details

Property Management, vol. 11 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Book part
Publication date: 18 December 2007

Sofia Holmlund

Inheritance practice and rules are important keys to understanding the property rights of any rural society. This is especially true for Swedish rural society, traditionally…

Abstract

Inheritance practice and rules are important keys to understanding the property rights of any rural society. This is especially true for Swedish rural society, traditionally predominated by freeholders. Freeholders, unlike tenants, owned their own farms. This means among other things that their children had the right of inheritance to the landed property.

Details

Gender Regimes, Citizen Participation and Rural Restructuring
Type: Book
ISBN: 978-0-7623-1420-1

Article
Publication date: 9 April 2019

David R.F. Sawtell

The owner of residential long leasehold can be significantly affected by construction operations to the building, whether during its initial construction or its subsequent repair…

Abstract

Purpose

The owner of residential long leasehold can be significantly affected by construction operations to the building, whether during its initial construction or its subsequent repair, renovation or improvement. This paper aims to consider how a leaseholder has an interest in such construction operations and the extent to which this is taken into consideration in their procurement.

Design/methodology/approach

The paper is a general review of how construction law interfaces with property law interests, rights and obligations in the case of a residential leaseholder. The first part of the paper outlines the issues raised by construction operations. The second part of the paper queries the efficacy of any right of redress the leaseholder might have in respect of construction defects. The third part considers the limited nature of the leaseholder’s right to be consulted about construction operations. The paper is predominantly doctrinal in approach, although it references socio-legal research. The paper also contrasts the English law position with Australia.

Findings

The paper concludes that leaseholders have limited input into the procurement of construction operations despite their interest in them. Property law can be used to regulate construction law operations.

Originality/value

To date, the literature dealing specifically with the position of leaseholders, consultation obligations and construction operations has been limited. This paper brings together property law and construction law in analysing the findings of the Hackitt Report into the Grenfell Tower disaster.

Details

Journal of Property, Planning and Environmental Law, vol. 11 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 26 August 2014

Richard Grover

The purpose of this paper is to examine a device used in leasehold enfranchisement valuations known as the graph of relativity, which shows the percentage of the freehold value of…

Abstract

Purpose

The purpose of this paper is to examine a device used in leasehold enfranchisement valuations known as the graph of relativity, which shows the percentage of the freehold value of a dwelling that a lease of a given unexpired term comprises. There are a number of such graphs in existence put forward by practitioners based on their experience and as a result of research but they contain different values. The paper explores why this might be the case and how this issue can be resolved.

Design/methodology/approach

The paper examines the literature on graphs of relativity and the various graphs that have been published and critically examines the methodologies behind them to see if these account for the differences between them.

Findings

There are different methodologies that have been employed in producing the graphs, including transaction evidence, the opinions of practitioners, and tribunal decisions, and these may account for some of the differences. Many of the graphs are based upon relatively small samples, particularly at specific points on the graphs, so there are likely to be differences as a result of sampling errors. The graphs mix together properties with different characteristics, which could be a further source of variability.

Practical implications

Further research is needed to produce a more definitive graph of relativity based on a larger sample of properties and that reflects the differences between properties.

Originality/value

The paper challenges the notion that there is a single graph of relativity in which the length of the lease term remaining is the only significant variable and argues that there are likely to be multiple graphs of relativity that reflect the risks associated with investing in leasehold property.

Details

Journal of Property Investment & Finance, vol. 32 no. 6
Type: Research Article
ISSN: 1463-578X

Keywords

Article
Publication date: 1 February 1991

R. Aitken‐Sykes

Highlights important policy issues in respect of the proposedcommonhold system, and how it may affect long leaseholders andlandlords/freeholders. Discusses the College of Estate…

Abstract

Highlights important policy issues in respect of the proposed commonhold system, and how it may affect long leaseholders and landlords/freeholders. Discusses the College of Estate Management Report 1990, and parts I to IV of the Lord Chancellor′s Consultation Paper on commonhold. Sets out the method, and systems to form and control commonholds, and the mechanism to wind‐up commonholds where required.

Details

Property Management, vol. 9 no. 2
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 14 September 2018

Andrew Harding, Jonathan Parker, Sarah Hean and Ann Hemingway

The purpose of this paper is to provide a supply-side review of policies and practices that impact on the shortage of supply in the contemporary specialist housing market for…

Abstract

Purpose

The purpose of this paper is to provide a supply-side review of policies and practices that impact on the shortage of supply in the contemporary specialist housing market for older people in the UK.

Design/methodology/approach

The review is based on a review of academic literature, policy documents, reports and other sources.

Findings

There is a critical conflict between the key social purpose of specialist housing (i.e. living independent of socially provided care) and the values that underpin and ultimately limit the quantity of units in both the social and private sector. In the social sector, government policies prohibit rather than encourage local authorities and housing associations from increasing specialist housing stock. The nature of leasehold tenures in the private sector tends to commodify not only housing stock but also those who use it and therefore acts to instrumentalise housing supply in favour of the profit motive and the focus on the person and her or his needs is largely ignored.

Originality/value

While the shortage of specialist housing is well known, this paper is unique in that it provides a comprehensive and critical supply-side review of the factors that have created such conditions.

Details

Housing, Care and Support, vol. 21 no. 2
Type: Research Article
ISSN: 1460-8790

Keywords

Article
Publication date: 9 November 2023

Tom Spencer

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Abstract

Purpose

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Design/methodology/approach

The purpose of this paper is to explain the inherent absurdity in the modern law of town and village greens (TVGs). The author wishes to show that the public understanding of what constitutes a green worth protecting is incomparable with how the Law currently operates, instead providing a crude vehicle to prevent development.

Findings

Applying an efficiency maximisation framework to the law of TVGs the Law fails to protect land worth protecting, as well as prevents allocatively efficient bargaining from taking place.

Research limitations/implications

This research has not presented empirical evidence to suggest the extent of the damage identified. This is a separate question to the marginal impacts of the damage.

Originality/value

A Law and Economics analysis of TVG Law in England and Wales has not been attempted before.

Details

Journal of Property, Planning and Environmental Law, vol. 15 no. 3
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 1 January 1984

J.V. Tweddle

The principal and, many would say, the sole purpose of management is to maximise the freeholder's or long leaseholder's interest in land or property both in the short term and…

Abstract

The principal and, many would say, the sole purpose of management is to maximise the freeholder's or long leaseholder's interest in land or property both in the short term and over a longer time span.

Details

Property Management, vol. 2 no. 1
Type: Research Article
ISSN: 0263-7472

1 – 10 of 123