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Article
Publication date: 1 March 2001

Ngai Ming Yip

Hong Kong has developed one of the world’s largest initiatives of user participation in public service in the public rental housing sector. This paper analyses the…

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1702

Abstract

Hong Kong has developed one of the world’s largest initiatives of user participation in public service in the public rental housing sector. This paper analyses the development and the impact of such an initiative in tenant participation. Whilst the housing managers and tenant representatives were by and large receptive of such an initiative, tenants were in general more apathetic. Involving tenants in public housing management can also be perceived as a strategy of the landlord in bridging the gap between expensive paternalistic management and the legitimate expectation of the tenants. It can also be viewed as a measure to mitigate the internal conflicts within the Housing Department as a tool to enhance the effectiveness of the management service. Yet, recent development in the public housing sector in Hong Kong may bring fundamental changes in both the provision and management of public housing. This creates uncertainty regarding the further development of tenant participation.

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Property Management, vol. 19 no. 1
Type: Research Article
ISSN: 0263-7472

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Article
Publication date: 1 April 1995

Laurie T.S. Adamshick

Discusses the often misunderstood area of building operating costescalations – that is, the share of building operating expensescharged to an office tenant – with the goal…

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675

Abstract

Discusses the often misunderstood area of building operating cost escalations – that is, the share of building operating expenses charged to an office tenant – with the goal of offering a greater practical understanding of key concepts and calculation methods. Defines and explains the base year, expense stop, stipulated base amount, and office triple net methods of calculation, including the gross‐up concept for base year leases. Using sample numbers, compares the tenant′s cost obligation under each method. Offers practical pointers to enhance the facility manager′s ability to evaluate and deal with escalations. Advocates inclusion of detailed audit rights in the lease document to permit the tenant to audit annual escalations and provides sample audit right language.

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Article
Publication date: 2 February 2015

Malcolm John Dowden

This legal update examines recent decisions on the security of tenure given by Landlord and Tenant Act 1954 to business tenants, and asks whether it is time to revisit or…

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1225

Abstract

Purpose

This legal update examines recent decisions on the security of tenure given by Landlord and Tenant Act 1954 to business tenants, and asks whether it is time to revisit or remove a piece of legislation that was drafted to deal with the consequences of war damage and short supply of commercial premises during the 1950s. It highlights the narrow, technical rules and distinctions that make little sense to commercial parties. The paper aims to discuss these issues.

Design/methodology/approach

The paper considers recent court rulings in the light of the original purpose of the Landlord and Tenant Act 1954, focusing on provisions that were reformed in 1969-reflect changes in market conditions since the immediate post-Second World War period.

Findings

Narrow, technical rules and exceptions carry considerable risks for commercial landlords and may not be appropriate or necessary in current market conditions.

Research limitations/implications

The paper examines only a recent selection of court rulings, but highlights the potentially harsh impact on commercial landlords of legislation designed to protect tenant interests in market conditions radically different from those prevailing some 60 years after its enactment.

Practical implications

With no immediate prospect of reform, the paper highlights the need for landlords to adhere closely to the precise technical requirements of the Act.

Originality/value

The paper is based on the author’s reading and analysis of recent Court of Appeal rulings.

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Journal of Property Investment & Finance, vol. 33 no. 1
Type: Research Article
ISSN: 1463-578X

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Article
Publication date: 1 February 2013

Malcolm Dowden and Emma Humphreys

Difficult economic and trading conditions make lease break options a point of significant legal tension between commercial landlords and tenants. For a tenant, the ability…

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1083

Abstract

Purpose

Difficult economic and trading conditions make lease break options a point of significant legal tension between commercial landlords and tenants. For a tenant, the ability to break a lease provides a means of controlling costs and an exit from liabilities. For landlords, the loss of a tenant's covenant means an immediate adverse effect on the reversionary value of the property. The purpose of this paper is to examine recent English court rulings to highlight the need for strict compliance with break conditions if a tenant is to succeed in ending its liabilities.

Design/methodology/approach

The paper discusses recent rulings to assess the extent to which judicial interpretation of break clauses continues to favour landlords, and whether landlords' conduct in negotiations or correspondence leading up to the exercise of a tenant's break option might engage concepts such as estoppel to bind the landlord to a particular level of compliance or breach.

Findings

The paper concludes that the English court continues to apply a strict approach to compliance with break conditions, and that it remains the tenant's responsibility both to determine what needs to be done by way of compliance and to ensure that those steps are taken.

Originality/value

The authors place the most recent rulings on the perennially vexed issue of compliance with break conditions into a broader context, demonstrating that the judicial approach remains firmly based on the principle that a break option is negotiated for the tenant's benefit, and that any conditions precedent to exercise are highly likely to be construed against the tenant who agreed to a break conditional on anything other than service of notice.

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Journal of Property Investment & Finance, vol. 31 no. 1
Type: Research Article
ISSN: 1463-578X

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Article
Publication date: 1 February 1987

Michael Tennant

In February 1984 Mr Ian Gow, the then Minister of Housing and Construction, established a Committee of Inquiry on the management of privately owned blocks of flats, under…

Abstract

In February 1984 Mr Ian Gow, the then Minister of Housing and Construction, established a Committee of Inquiry on the management of privately owned blocks of flats, under the chairmanship of the distinguished barrister Edward Nugee QC. The committee's report was published in the summer of 1985 and many of its recommendations are now set to become law. The proposed legislative changes will have major implications for both landlords and tenants of blocks of flats. The Nugee Report was the culmination of a series of papers in the past few years reflecting an increasing concern over the state of many blocks of flats. Recent publications on the subject include the James Report, produced by a working party established by the Royal Institution of Chartered Surveyors, and a paper emanating from the Building Societies Association entitled ‘Leasehold — Time for Change’ which urged the adoption of a system of strata title for properties in multiple occupation. No one should underestimate the difficulties which the Committee of Inquiry faced. ‘Bad flat management’ covers a multitude of different situations which can be viewed from numerous different perspectives. Disputes are not just confined to those between landlord and tenant. There are conflicts between the tenants themselves, particularly in older blocks built to be rented but broken up by the grant of long leases. Add to this the further complication that many blocks are now run by managing agents who may themselves be involved in battles with either the landlord or his tenants, and it will rapidly become clear that there were no simple solutions to be found. Each recommendation had to take account of all the potential problems and not simply tackle one at the expense of exacerbating another.

Details

Property Management, vol. 5 no. 2
Type: Research Article
ISSN: 0263-7472

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Article
Publication date: 25 June 2021

Appau Williams Miller, Fauster Agbenyo and Royal Mabakeng Menare

The purpose of this study is to evaluate the roles of landlords in tenant management during COVID-19 pandemic season among informal settlement neighbourhoods in urban Ghana.

Abstract

Purpose

The purpose of this study is to evaluate the roles of landlords in tenant management during COVID-19 pandemic season among informal settlement neighbourhoods in urban Ghana.

Design/methodology/approach

This study used a mixed methods research approach and foregrounds the discussions of the results with the social roles theory. Using the quota sampling procedure, this study used 467 semi-structured interviews of tenants from five old informal settlement neighbourhoods in urban Ghana. This study adopted the thematic analytical technique in the results section.

Findings

This study uncovered that landlords perform a gate-keeping social relationship role in ensuring tenant safety during the COVID-19 pandemic season through the provision of security, care and support, discipline, hard work, morale building to accountability. However, this study found that most landlords do not provide tenancy agreements to tenants which strained some social relationships in tenant management.

Originality/value

The application of social roles theory in this study provides a cutting-edge approach to the study of welfare of tenants living in informal settlement housing units during periods of pandemic. This study practically provides a participatory approach to analysing and discussing the roles of landlords in tenant management and proffering solutions for formalisation of these roles in housing policies in Ghana.

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Housing, Care and Support, vol. 24 no. 1
Type: Research Article
ISSN: 1460-8790

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Book part
Publication date: 18 January 2013

Samuel Garrido

In formulating his theory of land rent, Ricardo did not take into account the fact that in the Europe of his time relationships between landlords and tenants were often…

Abstract

In formulating his theory of land rent, Ricardo did not take into account the fact that in the Europe of his time relationships between landlords and tenants were often regulated by customs that kept rents below marginal product, sometimes even in the long term. Since all those customs had a number of points in common, understanding the logic governing one of them can be a very useful way to gain an overall understanding of the phenomenon. This chapter analyses a case of such customs in the area of market-gardens surrounding the city of Valencia, eastern Spain. Here, tenants were by custom the owners of the improvements they carried out, agricultural efficiency increased, and land rents stagnated. The chapter addresses issues such as cooperation among large groups of people, definition of rights and the creation of property rights by means of social conventions that clashed with law.

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Research in Economic History
Type: Book
ISBN: 978-1-78190-557-9

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Article
Publication date: 27 January 2021

Emily Walsh

This paper aims to analyse the extent to which recent changes in the law, most notably the Homes (Fitness for Human Habitation) Act 2018 and proposals for changes in tenant

Abstract

Purpose

This paper aims to analyse the extent to which recent changes in the law, most notably the Homes (Fitness for Human Habitation) Act 2018 and proposals for changes in tenant redress, will help tenants living in the private rented sector (PRS) with issues of disrepair and poor living conditions.

Design/methodology/approach

It applies theoretical scholarship on procedural justice, to two proposals for reform, namely, compulsory membership of redress schemes and a new housing court or use of the first-Tier Tribunal for claims relating to disrepair.

Findings

The Homes (Fitness for Human Habitation) Act 2018 will not provide decent private rented homes without increased security of tenure and a requirement for inspection prior to letting. Tenants should have the right to a fit home at the time of moving in and a cheap and relatively fast method of redress when things go wrong. A combination of compulsory licencing, membership of an ombudsman scheme and either the transfer of disrepair cases to the first-tier tribunal or a new housing court would provide the best overall solution for tenants with regard to repair and condition.

Originality/value

This study contributes to the important scholarship on procedural justice and applies it to ongoing current debates regarding disrepair in the PRS.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 1
Type: Research Article
ISSN: 2514-9407

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Article
Publication date: 17 July 2020

Danielle Claire Sanderson and Dustin C. Read

The purpose of this paper is to increase awareness of the value that can be derived from embracing customer service and ensuring tenant satisfaction.

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1247

Abstract

Purpose

The purpose of this paper is to increase awareness of the value that can be derived from embracing customer service and ensuring tenant satisfaction.

Design/methodology/approach

This literature review synthesizes the results of research conducted around the world to examine the value proposition of customer-focused property management. The literature was identified through a search of academic journal articles and industry publications, together with the authors' experience of working with industry practitioners. Drawing on these sources, the authors identify five emerging trends that are likely to make customer service an even more critical part of property managers' jobs and propose best practices to help property managers actualize the benefits.

Findings

Three themes emerge from the literature. First, property managers can add significant value to real estate portfolios by delivering high-quality customer service to tenants. Second, emerging trends in the real estate industry are creating new opportunities for property managers to participate in the value creation process. Third, there are a number of steps property managers can take to leverage customer service to benefit the real estate investors they represent.

Practical implications

Real estate investors, and the property managers working on their behalf, can realize the advantages of customer-focused property management by adopting a series of straightforward best practices, which are discussed in the paper.

Social implications

The trends identified and practical steps proposed are likely to be all the more relevant in the aftermath of the Covid-19 pandemic.

Originality/value

This research should increase awareness of customer-focused property management and the mechanisms through which it can affect real estate returns. The ten best practices proposed should help property managers deliver effective service to tenants and achieve the associated financial benefits for investors.

Details

Property Management, vol. 38 no. 5
Type: Research Article
ISSN: 0263-7472

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Article
Publication date: 2 March 2012

Magnus Bonde

The purpose of this paper is to investigate if a green lease could eliminate the split incentive problem in two office buildings located in Stockholm, Sweden. It aims to…

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1072

Abstract

Purpose

The purpose of this paper is to investigate if a green lease could eliminate the split incentive problem in two office buildings located in Stockholm, Sweden. It aims to provide a theoretical overview concerning the “energy paradox” and to describe a case study in which a green lease was to be implemented in the legal framework for two office buildings in the Stockholm region.

Design/methodology/approach

This paper documents a case study, in which a green lease was to be implemented in the legal framework for two office buildings, to promote a more active engagement in the buildings energy performance. In order to accomplish this, a project group was formed which consisted of representatives from the building owners, tenant, property manager, energy consultants and KTH, Royal Institute of Technology, Stockholm.

Findings

This paper reveals that it is very hard to alter already legally binding agreements. Furthermore, it shows that the separation of ownership and usage of a building may not be optimal from an energy efficiency point of view.

Originality/value

The paper gives an empirical explanation as to why at times energy efficiency measures are not undertaken, even though the investments themselves bring about a positive net present value. In addition, the paper analyses the situation where property maintenance is outsourced to a property management firm, which is a common but seldom discussed situation in the literature.

Details

Journal of Corporate Real Estate, vol. 14 no. 1
Type: Research Article
ISSN: 1463-001X

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