Misplaced Pages

#516483

56-609: Eaton Square is a rectangular, residential garden square in London 's Belgravia district. It is the largest square in London . It is one of the three squares built by the landowning Grosvenor family when they developed the main part of Belgravia in the 19th century that are named after places in Cheshire — in this case Eaton Hall , the Grosvenor country house . It is larger but less grand than

112-464: A residential tenancy under a lease agreement is colloquially known as renting . The leaseholder can remain in occupation for a fixed period, measured in months or years. Terms of the agreement are contained in a lease , which has elements of contract and property law intertwined. Laws governing landlord–tenant relationships can be found as far back as the Code of Hammurabi . However, the common law of

168-476: A given time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and after that held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) periodically such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always,

224-410: A landlord can terminate the tenancy at will, a tenant by operation of law is also granted a reciprocal right to terminate at will. However, a lease that expressly continues at the will of the tenant ("for as long as the tenant desires to live on this land") does not automatically provide the landlord with a reciprocal right to terminate, even for cause. Rather, such language may be construed to convey to

280-410: A new tenancy, and collect rent for the period the tenant has held over. A tenancy at sufferance may exist when a tenant remains in possession of property even after the end of the lease, until the landlord acts to eject the tenant. The occupant may legally be a trespasser at this point, and the possession of this type may not be a true estate in land, even if authorities recognize the condition to hold

336-575: A party of attractive ladies wearing the national costume of Wales accompanied by Ivor and Albertina Herbert of Llanover's Harpist playing for the occasion. Between 1916 and 1917, building 87 briefly became the "Countess of Dundonald Hospital", treating many of the wounded in the Great War, George V and Queen Consort Mary of Teck visited the patients at the hospital, they were greeted by the Staff and Countess of Dundonald herself. Before World War II, homes on

392-407: A periodic tenancy, the construed term being dependent on the laws of the jurisdiction where the leased premises are located. In many jurisdictions the "default" tenancy, where the parties have not explicitly specified a different arrangement, and where none is presumed under local or business custom, is the month-to-month tenancy. A tenancy at will or estate at will is a leasehold such that either

448-777: A public private partnership between the Department of Parks and Recreation and the Fitler Square Improvement Association. In Boston tens of squares exist, some having a mainly residential use. The Kingstowne development in Fairfax County, Virginia , near Washington, DC , contains several townhouse complexes built around garden squares. In Africa, garden squares are rare. Many squares and parks in Africa were constructed during colonial rule, along with European-styled architecture. A well-known square like this in Africa

504-401: A temporary right to hold land or property in which a lessee or a tenant has 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 . Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for

560-417: A tenant is condemned under the government's power of eminent domain , the tenant may be able to earn either a reduction in rent or a portion of the condemnation award (the price paid by the government) to the owner, depending on the amount of land taken, and the value of the leasehold property. With a partial taking of the land, the tenant may claim apportioned rent for property taken. For example, suppose

616-477: A tenant leases land for six months for ¤ 1,000 per month, and that two months into the lease, the government condemns 25% of the land. The tenant will then be entitled to take a portion of the condemnation award equal to 25% of the rent due for the remaining four months of the lease—¤1,000, derived from ¤250 per month for four months. A full taking , however, extinguishes the lease and excuses all rent from that point. The tenant will not be entitled to any portion of

SECTION 10

#1732848819517

672-478: A very high price to buy out the lease. This has caused some recently built homes to be complicated to sell. In 2017, the British government launched a consultation on legal reforms to end such exploitative schemes. Scotland has different laws, and under Scots Law it has been forbidden by statute since 1974 to create a lease of a dwelling lasting longer than 20 years or to grant any other lease of over 175 years. In

728-407: Is Greenmarket Square , in the center of Cape Town , which previously hosted more townhouses at its edges but has been mostly paved over. Garden Squares generally do not occur throughout Asia. Parks usually occupy the need for urban green spaces, while historic and modern gardens exist as attractions, not central communal spaces. Leasehold estate A leasehold estate is an ownership of

784-532: Is a slender clock tower. It was designed by Henry Hakewill and built between 1824 and 1827 (during the square's building). Between 1940 and 1944 the Belgian government in exile occupied its three numbers which have been long used as that country's embassy in Britain and further premises in central London as their lesser homes and offices. The Bellamy family of Upstairs, Downstairs lived in "165" Eaton Place , one of

840-411: Is designed for the amenity of surrounding residents, it is subtly distinguished from a town square designed to be a public gathering place: due to its inherent private history, it may have a pattern of dedicated footpaths and tends to have considerably more plants than hard surfaces or large monuments. At their conception in the early 17th century, each such garden was a private communal amenity for

896-479: Is famous for them; they are described as one of the glories of the capital. Many were built or rebuilt during the late eighteenth and early nineteenth centuries, at the height of Georgian architecture , and are surrounded by townhouses . Large projects, such as the Bedford Estate , included garden squares in their development. The Notting Hill and Bloomsbury neighbourhoods both have many garden squares, with

952-423: Is known as a surrender of the lease. A tenancy may end when and if the tenant accepts a buyout agreement from their landlord. The landlord can offer to repurchase the property from their tenant for a negotiated price as long as both parties agree upon the deal. Depending on the laws in force in a particular jurisdiction, different circumstances may legally arise where a tenant remains in possession of property after

1008-577: Is to provide the premises in a habitable condition —there is an implied warranty of habitability. If landlord violates either, the tenant can terminate the lease and move out, or stay on the premises, while continuing to pay rent, and sue the landlord for damages (or withhold rent and use breach of implied warranty of habitability as a defense when the landlord attempts to collect rent). The lease also includes an implied covenant of quiet enjoyment – landlord will not interfere with tenant's quiet enjoyment. This can be breached in three ways. Under

1064-601: The Duke of Westminster title from his father Gerald Grosvenor in 2016, uses one as his London home. Until the 1920s, his predecessors lived in Grosvenor House the mansion forerunner to the Grosvenor House Hotel on Park Lane facing Hyde Park . Co-fronting the north-east end is St Peter's , a 200-feet-long, tree-lined Church of England church, in a classical style, fronted by a six-columned Ionic portico behind which

1120-558: The Grosvenor Estate . These are often lateral conversions – that is, they cut across more than one of the original houses – let under typical long leases across the uppermost price bracket, their exact price depending on size, lease duration and amenity. The façades of the square remain as imagined and built. Most but not all of the freeholds still belong to the Grosvenor Group. Hugh Grosvenor, 7th Duke of Westminster , who inherited

1176-801: The Place de la République . The enclosed garden terraces ( French: jardins terrasses ) and courtyards ( French: cours ) of some French former palaces have resulted in redevelopments into spaces equivalent to garden squares. The same former single-owner scenario applies to at least one garden square in London ( Coleridge Square ). Grandiose instances of garden-use town squares are a part of many French cities, others opt for solid material town squares. The Square de Meeûs and Square Orban are notable examples in Brussels. Dublin has several Georgian examples, including Merrion Square , Fitzwilliam Square , Mountjoy Square , St Stephens Green and Parnell Square . Perhaps

SECTION 20

#1732848819517

1232-449: The Register of Historic Parks and Gardens . All of the buildings (No.s 1–7, 8-12A, 14–23, 24 and 24a to 48, 51–62, 63–66, Eaton House (No. 66a), 67–71, 72, 73–82, 83–102 and 103–118) are statutorily listed , specifically at Grade II* save as to 1 to 7 and 63 to 66a which are in the mainstream, initial category of grade II. No.s 103 to 105 are leased and internally converted into

1288-404: The periodic tenancy , the tenancy at will , and the tenancy at sufferance . Forms no longer used include socage and burgage . When a landowner allows one or more persons, called "tenants", to use the land in some way for some fixed period, the land becomes a leasehold, and the resident- (or worker-) landowner relation is called a "tenancy". A tenant pays rent (a form of consideration ) to

1344-585: The 19th century, with notable exceptions below. Rittenhouse Square in the Center City, Philadelphia encases a public garden, one of the five original open-space parks planned by William Penn and his surveyor Thomas Holme during the late 17th century. It was first named Southwest Square. Nearby Fitler Square is a similar garden square named for late 19th century Philadelphia mayor Edwin Henry Fitler shortly after his death in 1896. The Square, cared for through

1400-707: The Belgian Embassy, as is No. 106 for the Bolivian Embassy. The K6 red telephone box outside No. 103 is Grade II listed. The houses in Eaton Square are large, predominantly three-bay-wide buildings, joined in regular terraces in a classical style, with four or five main storeys, plus attic and basement and a mews house behind. Most of the houses are faced with white stucco , but some are faced with underlying high-quality brickwork. Sides are set 350 feet (110 m) apart 1,615 feet (492 m) apart. As to roads:

1456-512: The UK's Landlord and Tenant Act 1954 , Part I (now largely superseded) dealt with residential tenancies and Part II dealt with business tenancies. A "fixed-term tenancy" or tenancy for years lasts for some fixed period of time. Despite the name, such a tenancy can last for any period of time – even a tenancy for one week would be called a tenancy for years. In common law, the duration did not need to be certain, but could be conditioned upon

1512-452: The US, food co-ops supply tenants with a place to grow their own produce. Rural tenancy is also a common practice. Under a rural tenancy, a person buys a large amount of land, and the rural community uses it agriculturally as a source of income. The term estate for years appears to be a US term. This refers to a leasehold estate for any specific period of time (the word "years" is misleading, as

1568-507: The central feature of the district, Belgrave Square , and both larger and grander than Chester Square . The first block was laid out by Thomas Cubitt from 1827. In 2016 it was named as the "Most Expensive Place to Buy Property in Britain", with a full terraced house costing on average £17 million — many of such town houses have been converted, within the same, protected structures, into upmarket apartments. The six adjoining, tree-planted, central gardens of Eaton Square are Grade II listed on

1624-438: The common law, the landlord had no duties to the tenant to protect the tenant or the tenant's licensees and invitees , except in the following situations: Under the common law, the tenant has a number of duties to the landlord: A tenant is liable to third-party invitees for negligent failure to correct a dangerous condition on the premise – even if the landlord was contractually liable. If land under lease to

1680-452: The condemnation award, unless the value of the lease was greater than the rent paid. In this case, the tenant can recover the difference. Suppose in the above example that the land's market value was actually ¤1,200 a month, but the ¤1,000 per month rate represented a break given to the tenant by the landlord. Because the tenant is losing the ability to continue renting the land at this bargain rate (and probably must move to more expensive land),

1736-501: The duration of the lease could be a day, a week, a month, etc.). An estate for years is not automatically renewed. The first duty of the landlord is to put the tenant in physical possession of the land at the outset of the lease (the English and majority rule , as opposed to the American rule which only requires the tenant be given legal possession, or the right to possess); the second

Eaton Square - Misplaced Pages Continue

1792-418: The expiration of a lease. A periodic tenancy , also known as a tenancy from year to year , month to month , or week to week , is an estate that exists for some period of time determined by the term of the payment of rent. An oral lease for a tenancy of years that violates the statute of frauds (by committing to a lease of more than—depending on the jurisdiction—one year without being in writing) may create

1848-425: The expiration of the original lease, has notified the tenant of the increase. Simply leaving property behind on the premises does not constitute possession; thus, a tenancy at sufferance cannot be established. E.g., Nathan Lane Assocs. v. Merchants Wholesale , 698 N.W.2d 136 (Iowa 2005); Brown v. Music, Inc. , 359 P.2d 295 (Alaska 1961). In some jurisdictions, the tenant has a legal right to remain in occupation of

1904-467: The former mostly still restricted to residents, and the latter open to all. Other UK cities prominent in the Georgian era such as Edinburgh , Bath , Bristol and Leeds have several garden squares. Householders with access to a private garden square are commonly required to pay a maintenance levy. Normally the charge is set annually by a garden committee. Sometimes private garden squares are opened to

1960-415: The grand approach ways. Garden square A garden square is a type of communal garden in an urban area wholly or substantially surrounded by buildings; commonly, it continues to be applied to public and private parks formed after such a garden becomes accessible to the public at large. The archetypal garden square is surrounded by tall terraced houses and other types of townhouse . Because it

2016-455: The happening of some event (e.g. "until the crops are ready for harvest", "until the war is over"). In many jurisdictions that possibility has been partially or totally abolished. The tenancy will end automatically when the fixed term runs out or in the case of a tenancy that ends on the happening of an event when the event occurs. It is also possible for a tenant to give up the tenancy to the landlord, either expressly or implicitly. This process

2072-414: The landlord or the tenant may terminate the tenancy at any time by giving reasonable notice. It usually occurs in the absence of a lease , or where the tenancy is not for consideration . Under the modern common law, tenancy at will can arise under the following circumstances: In a residential lease for consideration, a tenant may not be removed except for cause , even in the absence of a written lease. If

2128-519: The landlord's desire to occupy the premises himself or to demolish and redevelop the building. Leasehold land is a land holding leased to a person or company by the relevant state (as the Crown); however, all mineral rights are reserved to the Crown. There are different types of leasehold tenure from state to state. Pastoral leases cover about 44% of mainland Australia , mostly in arid and semi-arid regions and

2184-597: The landlord-tenant relationship evolved in England during the Middle Ages . That law still retains many archaic terms and principles pertinent to a feudal social order and an agrarian economy , where land was the primary economic asset and ownership of land was the primary source of rank and status. The tenancy was essential to the feudal hierarchy after the statute Quia Emptores prohibited subinfeudation (the creation of new feudal estates by existing feudal landholders) in

2240-454: The landowner. The leasehold can include buildings and other improvements to the land. The tenant can do one or more of: farm the leasehold, live on it, or practise a trade on it. Typically, leasehold estates are held by tenants for a specific period of time. In England in recent years, some new homes and apartments have been sold by large housebuilders with a leasehold where the ground rent payable doubles every 10 to 25 years, with consequently

2296-583: The late 13th century; a lord would own land, and the tenants became vassals . Leasehold estates can still be Crown land today. For example, in the Australian Capital Territory , all private land "ownerships" are leaseholds of Crown land. A distinction may be made between a residential tenancy, offering a person a place to live, and a business tenancy , where premises are occupied for business purposes. There may be different statutory provisions for residential and business tenancies, for example in

Eaton Square - Misplaced Pages Continue

2352-462: The lease was completed). At the end of their lease they need do nothing but continue payment of rent at the previous level and uphold all other relevant covenants such as to keep the building in good repair. They cannot be evicted unless the landlord serves a formal notice to end the tenancy and successfully opposes the grant of the new lease to which the tenant has an automatic right. Even this can only be done under prescribed circumstances, for example

2408-591: The most famous garden square in the United States is Gramercy Park in southern Midtown Manhattan . Famously, it has remained private and gated throughout its existence; possession of a key to the park is a jealously guarded privilege that only certain local residents enjoy. The tradition of fee simple land ownership in American cities has made collective amenities such as garden squares comparatively rare. Very few sub-dividers and developers included them in plats during

2464-599: The outset, is the Square René Viviani . Gardens substantially cover a few of the famous Places in the capital; instead, the majority are paved and replete with profoundly hard materials such as Place de la Concorde . Inspired by ecological interests and a 21st-century focus on pollution mitigation, an increasing number of the Places in Paris today many have a focal tree or surrounding raised flower beds/and or rows of trees such as

2520-507: The premises after the end of a lease unless the landlord complies with a formal process to dispossess the tenant of the property. For example, in England and Wales , a business tenant has a right to continue occupying their demise after the end of their lease under the provisions of sections 24–28 of the Landlord and Tenant Act 1954 (unless these provisions were formally excluded by agreement before

2576-530: The public, such as during Open Garden Squares Weekend. Privately owned squares which survived the decades after the French Revolution and 19th century Haussmann's renovation of Paris include the Place des Vosges and Square des Épinettes in Paris. The Place des Vosges was a fashionable and expensive square to live in during the 17th and 18th centuries, and one of the central reasons that Le Marais district became so fashionable for French nobility. It

2632-519: The public. Those in central urban locations, such as Leicester Square in London's West End, have become indistinguishable from town squares. Others, while publicly accessible, are largely used by local residents and retain the character of garden squares or small communal parks. Many private squares, even in busy locations, remain private, such as Portman Square in Marylebone in London, despite its proximity to London's busiest shopping districts. London

2688-419: The real property. The landlord may also be able to impose a new lease on the holdover tenant. For a residential tenancy, such new tenancy lasts month to month. For a commercial tenancy of more than a year, the new tenancy is year to year; otherwise, the tenancy lasts for the same length of time as the duration under the original lease. In either case, the landlord can charge a higher rent, if the landlord, before

2744-467: The residents of the overlooking houses akin to a garden courtyard within a palace or community. Such community courtyards date back to at least Ur in 2000 BC where two-storey houses were built of fired brick around an open square. Kitchen , working, and public spaces were located on the ground floor, with private rooms located upstairs. In the 20th century, many garden squares that were previously accessible only to defined residents became accessible to

2800-582: The square assume the name Eaton Square and most of them are one-way, with no full outer circuit in any one direction permitted or possible. In 1900, the Welsh Industrial Association held an exhibition at 83 Eaton Square, rented by the Winifred, Countess of Dundonald , the event was visited by Alexandra, Princess of Wales . The person presiding over the refreshment room exhibition was Kathleen, Duchess of Wellington, assisted by Mrs A. J. Warden, with

2856-539: The street ranked as those of the upper class but was outranked by comparators in Belgrave Square , Grosvenor Square , St James's Square or Park Lane . The aftermath of that war saw most of those converted to commercial and institutional uses, leaving the square almost wholly residential, raising its prominence. Some of the houses remain undivided but many have been internally converted into flats or multi-storey instances ( maisonettes ) by permission or instruction of

SECTION 50

#1732848819517

2912-404: The tenant a life estate or even a fee simple . A tenancy at will terminates by operation of law , if: A tenancy at sufferance (sometimes called a holdover tenancy ) is created when a tenant wrongfully holds over past the end of the duration period of the tenancy (for example, a tenant who stays past the expiration of his or her lease). In this case, the landlord can hold over the tenant to

2968-449: The tenant liable for rent. The landlord may be able to evict such a tenant at any time without notice. Action to evict will terminate a tenancy at sufferance, because the tenant no longer enjoys possession. Some jurisdictions impose an irrevocable election whereby the landlord treats the holdover as either a trespasser, or as a tenant at sufferance. A trespasser is not in possession; but a tenant at sufferance continues to enjoy possession of

3024-741: The tropical savannahs . There are three types of leasehold tenure in Australia: All land in the Australian Capital Territory (ACT) is leasehold, issued with 99-year leases . The rent on the leases was abolished by the Gorton government in 1970, with the leasehold system now "almost identical in operation" to the freehold tenure typical of residential properties in other Australian jurisdictions. Australian residential tenancies differ from state to state, governed by local legislation. Modern leasehold estates in England and Wales can take one of four forms—the fixed-term tenancy or tenancy for years ,

3080-525: The whole rectangle is divided into six compartments or zones as it is bisected lengthways by the Victoria or Buckingham Palace approach way to the King's Road which is very diversely and briefly successively named northeast of Sloane Square ). Crossways, it is spanned by four less important roads, all of which change name before during and after their transit across the square. All of the roads while in transit across

3136-475: Was inaugurated in 1612 with a grand carrousel to celebrate the engagement of Louis XIII to Anne of Austria and is a prototype of the residential squares of European cities that were to come. What was new about the Place Royale as it was known in 1612 was that the house fronts were all built to the same design, probably by Baptiste du Cerceau . In town squares, similarly green but publicly accessible from

#516483