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A tenant farmer is one who resides on land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management, while tenant farmers contribute their labor along with at times varying amounts of capital and management. Depending on the contract, tenants can make payments to the owner either of a fixed portion of the product, in cash or in a combination. The rights the tenant has over the land, the form, and measures of payment varies across systems. In some systems, the tenant could be evicted at whim ; in others, the landowner and tenant sign a contract for a fixed number of years. In most developed countries today, at least some restrictions are placed on the rights of landlords to evict tenants under normal circumstances.
An estate in land is an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land. This is distinct from sovereignty over the land, which includes the right to government and taxation.
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant. When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner. The term landlady may be used for the female owners. The manager of a pub in the United Kingdom, strictly speaking a licensed victualler, is referred to as the landlord/landlady. In political economy it refers to the owner of natural resources alone from which an economic rent is the income received.
A lease is a contractual arrangement calling for the user to pay the owner for use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment is also leased. Broadly put, a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies.
The assured shorthold tenancy (AST) is the default legal category of residential tenancy in England and Wales. It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important default provision and a widening of its definition made by the Housing Act 1996. Since 28 February 1997 in respect of accommodation to new tenants who are new to their landlords, the assured shorthold tenancy has become the most common form of arrangement that involves a private residential landlord. The equivalent in Scotland is short assured tenancy.
The Victorian Civil and Administrative Tribunal (VCAT) was formed by the Victorian Civil and Administrative Tribunal Act 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the Tribunal sits 'below' the Magistrates Court in the court hierarchy. However the Tribunal itself is not a court, and is a creature of statute without any inherent jurisdiction or powers. VCAT was primarily a forum for litigants-in-person and the participation of lawyers or other legal representatives is not encouraged in some List areas, substantially reducing the cost of litigation. However some of the List areas will by necessity require parties to have some form of representation.
A damage deposit or deposit is a sum of money paid in relation to a rented item to ensure it is returned in good condition. They are particularly common in relation to rented accommodation, where they may also be referred to as a tenancy deposit, bond deposit, or bond.
Under the provisions of the United Kingdom Housing Act 2004 every landlord or letting agent that takes a deposit for an assured shorthold tenancy in England and Wales must protect the deposit under an authorised tenancy deposit scheme. The regulations came into effect on 6 April 2007, and were amended by the Localism Act 2011, taking effect from 6 April 2012. The Deregulation Act 2015 further amended the regulations from 26 March 2015.
An assured tenancy is a legal category of residential tenancy to an individual in English land law. Statute affords a tenant under an assured tenancy a degree of security of tenure. A tenant under an assured tenancy may not be evicted without a reasonable ground in the Housing Act 1988 and, where periodic changes in rent are potentially subject to a challenge before a rent assessment committee.
A protected tenancy is a kind of tenancy in the United Kingdom under the Rent Act 1977, which governs the law concerning regulated tenancies. Protected tenancies give a tenant both security of tenure and the right to a fair rent. Protected tenancies are relatively rare since the passage of the Housing Act 1988 but protected tenancies that existed prior to the passage of this law continue to enjoy the greater security.
A short assured tenancy is a type of tenancy in Scotland that was introduced by the Housing (Scotland) Act 1988. A short assured tenancy gives landlords some protection and freedom of action when letting their properties. Short assured tenancies have become the norm within the residential letting industry in Scotland. The equivalent legislation in England and Wales is assured shorthold tenancy. Following the enactment of the Private Housing (Tenancies) (Scotland) Act 2016, it is no longer possible to create a short assured tenancy, instead a private residential tenancy must be entered into; with greater protections for the tenant such as security of tenure.
Rent regulation is a system of laws, administered by a court or a public authority, which aims to ensure the affordability of housing and tenancies on the rental market for dwellings. Generally, a system of rent regulation involves:
A Family Intervention Tenancy (FITs) is a type of housing tenancy in the United Kingdom that can be granted under the Housing and Regeneration Act 2008. A Family intervention tenancy only occurs where a tenant is guilty of anti-social behaviour.
A secure tenancy is a type of tenancy in the United Kingdom created by the Housing Act 1980. Most tenancies started before 15 January 1989 are likely to be secure. The secure tenancy was replaced on 15 January 1989 for new tenancies by an assured tenancy, with weaker protection, by the Housing Act 1988.
A regulated tenancy is in English property law a kind of tenancy granted by a private landlord prior to 15 January 1989. There are two kinds of regulated tenancies under the Rent Act 1977: protected tenancies and statutory tenancies.
A converted tenancy is in English property law a type of tenancy that existed where a controlled tenancy was converted into a regulated tenancy. From 28 November 1980 all controlled tenancies were converted into regulated tenancies.
A controlled tenancy is a type of protected tenancy that sometimes occurred with tenancies created before 6 July 1957. Controlled tenancies no longer exist as from the 28 November 1980 all controlled tenancies were converted into regulated tenancies.
The Housing Act 1988 is an Act of Parliament in the United Kingdom. It governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council housing to not-for-profit housing associations, which was then carried out partly through the system of Large Scale Voluntary Transfer.
References
- ↑ Astin, D. (2011) Housing Law: An Adviser's Handbook, London: Legal Action Group, Chapter 3: Different Types of Tenancies
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