Attornment

Abstract: PART ONE: INTRODUCING THE RELATIONSHIP 1 Introduction to Landlord and Tenant Law 1.1 Understanding Leases in Context 1.2 The Language of Leases 1.3 The Variety of Letting Arrangements 1.4 Key Issues and Trends in the Different Sectors 1.5 Explaining the Structure of the Book 1.6 Some more Terminology on Leases 2 Keys to Understanding Leases 2.1 Introduction 2.2 Leases in a Map of the Law 2.3 The Hybrid Nature of Leases: Part Property, Part Contract 2.4 The Private Law Relationship and the Common Law 2.5 Landlord and Tenant Law as Regulatory Law 2.6 The Public Law Dimension 2.7 Leases and Land 2.8 Leases as Split-ownership 2.9 Intervention in the Landlord and Tenant Relationship 2.10 Interpretation of Leases and Leasehold Notices PART TWO: ENTERING THE RELATIONSHIP 3 Identifying Leasehold Relationships 3.1 The Essential Elements of a Lease 3.2 Different Categories of Occupation 3.3 Categorising a Relationship 4 Entering the Tenancy: Allocation, Formalities and Content 4.1 Allocation and Choice 4.2 Formalities on Entering into the Landlord and Tenant Relationship 4.3 The Effect of Non-observance of the Formality Requirements 4.4 Vitiating Factors and Leases 4.5 Construction and Rectification 4.6 Providing Information to Tenants 4.7 The Structure of Leases 4.8 Fairness and Contract Terms 4.9 The Structure of Commercial Leases 4.10 The Structure of Residential Leases 4.11 Variation of Lease Terms PART THREE: REGULATING THE RELATIONSHIP The Structure of Part Three The Importance of Policy in the Wider Context What is Policy? Avoiding Statutory Protection 5 Renting Homes: The Policy Background 5.1 Introduction 5.2 Tenure Division 5.3 Social Renting and Private Renting 5.4 The Period to 1980 5.5 From 1980 Onwards 5.6 Current Housing Issues 5.7 Current Issues and Directions in the Different Tenures 5.8 Summary: Rented Housing in 2007 6 Renting Homes: Legislative Controls 6.1 Introduction 6.2 Legislative History of Housing Law 6.3 Allocation of Housing 6.4 The Housing Act 1988: The Private Rented Sector 6.5 The Housing Act 1985: Local Authorities and the Secure Tenancy 6.6 The Housing Association Sector 6.7 Statutory Control of Rented Homes 6.8 Future Directions 7 Long Residential Leases 7.1 The Reasons for Using Long Leases 7.2 Problems with Long Leasehold 7.3 The Case for Reform 7.4 Reform at Last 7.5 An Overview of Legislative Controls of Residential Long Leases 7.6 The Future? 8 Business Tenancies 8.1 Policy and Legislative History in the Commercial Property Sector 8.2 The Operation of the Landlord and Tenant Act 1954, Part II 8.3 Tenancies to which Part II of the 1954 Act applies 8.4 Future Directions 9 Agricultural Tenancies 9.1 Policy and Legislative History in the Agricultural Sector 9.2 Farm Business Tenancies 9.3 The Impact of the ATA 1995 9.4 Future Directions 10 Human Rights in Landlord and Tenant Law 10.1 Introduction: Human Rights 10.2 Human Rights in Domestic Law 10.3 The Meaning of Public Authority 10.4 Interpreting Convention Rights 10.5 The Convention Rights 10.6 Interpretation of Legislation 10.7 International Rights to Housing PART FOUR: MANAGING THE RELATIONSHIP 11 Managing the Leasehold Relationship 11.1 What is Management? 11.2 Management and Disability Legislation 11.3 Leasehold Estate Management 11.4 Management and Long Residential Leasehold 11.5 Managing Anti-social Behaviour 11.6 Landlords and Third Parties 11.7 Ensuring Effective Management 11.8 Disputes 12 Repair and Maintenance 12.1 Introduction: Standards and Repair 12.2 The State of Tenanted Housing 12.3 Ensuring Good Standards in Rented Property 12.4 The Duty to Repair 12.5 Regulatory Controls 12.6 Beyond Landlord and Tenant Law 12.7 Enforcing Repairing Obligations 12.8 Landlord's Remedies for Breach of Tenant's Repairing Covenant 12.9 Tenant's Remedies for Breach of Landlord's Repairing Covenant 12.10 Improvements and Alterations 13 Using, Insuring and Servicing Tenanted Property 13.1 Introduction 13.2 User 13.3 Insurance 13.4 Service Charges 14 Rent 14.1 Introduction 14.2 Setting the Rent 14.3 Fixing Initial Rent Levels 15 Residential Rents 15.1 Setting Rents in the Social Sector 15.2 Rent Control 15.3 Ensuring Affordability through Welfare Payments 15.4 The Tolerated Trespasser and Payment for Occupation 16 Varying the Rent and Ensuring Payment 16.1 Introduction 16.2 Variation of the Rent during a Tenancy 16.3 Overpaying the Rent 16.4 Ensuring Payment 16.5 Remedies for Non-payment 16.6 Cesser of Rent PART FIVE: CHANGING THE PARTIES TO THE RELATIONSHIP 17 Alienation, Transfer and Succession 17.1 General Introduction 17.2 Change of Tenant 17.3 Obtaining Consent 17.4 Covenants against Alienation 17.5 Alienation Covenants in Particular Sectors 17.6 Disposition in Breach of an Ali

Abstract: Unlike other jurisdictions such as the UK, Australia, New Zealand and Canada, Malaysia does not have legislation that deals specifically with landlords and tenants. Thus, a tenancy agreement can be concluded either orally or in writing. As such the rights and obligations of both parties are depending on the terms and conditions of the contract entered by them. The problem would arise if both a landlord and tenant are not equal in footing in terms of bargaining power. Hence their rights either as a landlord or tenant may not be well protected. Obviously there is no specific law dealing with rent control and other related matters that lead to tenancy disputes. These include issues on security and rental deposit, quality and safety of the rented houses, termination, eviction and a mechanism for dispute settlement. While provisions on tenancies and leases can be found in the National Land Code 1965, Contracts Act 1950, Distress Act 1951 and Specific Relief Act 1950, the existing legislation remains rather vague and deals with the issue in piecemeal. The question thus arises whether a comprehensive law in a single statute is really needed to regulate landlords and tenants in Peninsular Malaysia? Adopting the qualitative research methodology, this conceptual paper will focus on the relationship between landlord and tenant in private residential tenancy. It is the aims of this paper to identify key legal issues in landlord and tenant relationship in this sector and to examine the adequacy of existing legal framework. The reported cases on landlord and tenant may become evidences as to the need of a specific landlord and tenant law in Peninsular Malaysia, in particular for private residential tenancy. The best practices from Scotland are taken as reference, whenever necessary. The findings of the research found that based on laws and practices in these two jurisdictions, it is very significant to have specific law to regulate the relationship between landlord and tenant in private residential tenancy in order to protect the interest of all parties involved. Keywords: Landlord and tenant, housing, contract, common law, private residential tenancy.

Abstract: The need for the statutory regulation of business tenancies was officially recognised towards the end of the nineteenth century. The mischief complained of was that some landlords held their tenants to ransom by demanding an inflated rent as a condition of a lease renewal. This was particularly harsh for the tenant who had built up business goodwill and carried out improvements to the premises. Despite the organisation of commercial tenants and the growth of political lobbying, it was not until Landlord and Tenant Act 1927 that controls emerged which provided compensation for loss of goodwill and improvements. The inadequacy of these provisions, however, entailed that tenant discontent and lobbying persisted until the enactment of the Landlord and Tenant Act 1954. This paper charts the social and political change which brought about this significant retreat from market forces and the gradual recognition that security of tenure, as opposed to financial safeguards, was the necessary response. The controls established in 1954 have, remarkably, survived almost intact and, subject to some fine tuning, will continue to do so. This paper addresses the issue why the commercial code has, in marked distinction to its residential and agricultural counterparts, remained immune to shifts in political policy during a sustained period of deregulation in landlord and tenant law.