Capturing the benefits of common ownership: landlord and tenant law in commercial property portfolios
Year: 2013
Type: dissertation
Abstract: This thesis examines the extent to which landlords of property portfolios are permitted by law to take account of the interests of other properties in their portfolio when exercising control over individual properties. It also examines what rights individual tenants have in the management of of their landlord's portfolio, and what effect competition law might have on portfolio landlords' control. The courts' approach to the reasonableness of a landlord's withholding of consent is considered in detail, with particular attention paid to how it may affect the ability of portfolio landlords to protect the rest of their properties from harm through the withholding of consent. Attention is also given to the legislative interference in the law of landlord and tenant, and the areas where Parliament considered the impact of law on portfolio landlords, such as fines provisions in the Landlord and Tenant Act 1927, and in the rejection of proposals for mandatory full qualification of user covenants. The need for competition law in the land sector in response to the market power of portfolio landlords is also discussed. Finaly, a number of ways for tenants to have some say in the management of the portfolio are examined. These include contractual provisions intended to empower the tenant, the doctrine of non-derogation from grant, the use of letting schemes, the use of competition law to escape restrictive covenants, cooperation between landlords and tenants and the use of alternative dispute resolution to maintain amicable landlord-tenant relationships.
Author: Alan William O'Connor
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1758479295