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45-686: Land court or land claims court is a type of court which is charged with dealings over cases involving land titles and for disputes between landlords and tenants relating to agricultural tenancies . The exact field of jurisdiction varies by country. The Land Claims Court of the Republic of South Africa was established in 1995 and has the same status as the High Courts of that country. The court specializes in hearing disputes that arise out of laws that underpin South Africa's land reform initiative. These are

90-404: A commodity whereas many Europeans colonists did. Ownership of land in the pre-colonial Americas varied from group to group, but many Native American societies had communal and individual land. Some European scholars were also skeptical of land ownership, such as Adam Smith and Henry George . Smith said about landlords, "As soon as the land of any country has all become private property ,

135-452: A prima facie case of discrimination is established by showing that the challenged practice of the defendant actually or predictably results in racial discrimination. This analysis focuses on facially neutral policies that may have a discriminatory effect. Federal courts will allow claims to be made under the FHA on a disparate impact theory by analogizing the FHA to Title VII because they both share

180-628: A property management company to take care of all the details of renting their property out to a tenant. This usually includes advertising the property and showing it to prospective tenants, negotiating and preparing the written leases or license agreements, and then, once rented, collecting rent from the tenant and performing repairs as needed. In the United States , residential homeowner–tenant disputes are primarily governed by state law (not federal law ) regarding property and contracts . State law and, in some places, city law or county law, sets

225-457: A Section 8 voucher participant rents from a participating landlord, the local PHA “pays the difference between the household’s contribution (set at 30 percent of income) and the total monthly rent.” The Section 8 voucher program does not set a maximum rent, but participants must pay the difference between the calculated subsidy and actual rent. Landlords receive the subsidy directly from the PHAs. In

270-534: A goal of reducing discrimination. However, courts are dividing on how they rule when it comes to allowing disparate impact claims under the FHA for voucher discrimination. A few federal courts have allowed plaintiffs who were denied housing because of their vouchers to assert these claims. Other courts have limited or prohibited them. Thus, the courts are not uniform when it comes to addressing disparate impact claims for voucher discrimination. Congress has recognized that refusing to rent to families with children violated

315-453: A landlord may be traced back to the feudal system of manoralism ( seignorialism ), where a landed estate is owned by a Lord of the Manor ( mesne lords ), usually members of the lower nobility which came to form the rank of knights in the high medieval period, holding their fief via subinfeudation , but in some cases the land may also be directly subject to a member of higher nobility, as in

360-417: A landlord to obtain back the premises. If a landlord is selling a block and a qualifying tenant occupies more than 50%, the tenant should be given the right of first refusal at the asking price to buy the block. As in most jurisdictions the law on rigorous adherence to lease terms on unlawful subletting and assignment can be strictly enforced, resulting in financial and premises loss if broken. Failure to repay

405-504: A new leasehold estate must be registered. These are governed by few of the above rules and are in longer examples deliberately more akin to full ownership than tenancies, in general. They seldom require a sizeable ground rent . The law has not regulated hefty break/resale charges nor does it prevent the sale of leasehold houses; in the 2010s certain of these proposals have been widely consulted upon and are being drafted. Broadly, legislation allows such lessees (tenants) to club together to gain

450-505: A registered third party (such as certain realty agents) may be permissible. A deposit is normally by law to be offset against arrears (rent deficits) and damage by or failures to clean/repair by the tenant. In the United Kingdom the owner and/or manager of a pub (public house) is usually called the "landlord/landlady" or " publican ", the latter properly the appellation of a Roman public contractor or tax farmer . In more formal situations,

495-411: A relative attractive if low in many markets for a tenant, it is rarely debated in pre-tenancy term negotiations. In some jurisdictions either or both are banned in the original sense. Instead, a landlord's loss of rent/comprehensive damage insurance may be factored into the rent demanded and/or a special type of deposit, a regulated sum of money as a bond (protected security deposit) from the tenant held by

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540-429: A rent demand, unlike residential, can result in direct landlord's repossession ("peaceable re-entry") through a commercial landlord's right to the use of "self-help" evictions. The taking of a tenant's goods without a court-issued warrant (flowing from a court order or outstanding tax demand) ( distress ) has been banned. The concept of land ownership is not universal. Many Native American tribes did not view land as

585-425: A single Atlanta zip code, up to 90% of the houses sold between January 2011 and June 2012 were purchased by instituitional investors. Corporate landlords are able to buy foreclosed houses and rent the house back to the original owner. Another form of corporate monopolization and housing are company towns , where one corporation owns the vast majority of housing and businesses. Since these corporations employ most of

630-430: A tenant. Generally, there are a limited number of reasons for which a landlord can evict a tenant. Some provinces have laws establishing the maximum rent a landlord can charge, known as rent control, or rent regulation , and related eviction . There is also an implied warranty of habitability , whereby a landlord must maintain safe, decent and habitable housing, meeting minimum safety requirements. Private sector renting

675-478: A unit the law does not regard it as a single household having more than three tenants, is subject to enhanced regulations including the Housing Act 2004 . A council-issued licence to be a landlord of such a unit is always required in some local authorities (in others, limited to the larger statutory examples). Tenancies above a couple of years are normally called leases and tend to be lengthy; if more than seven years

720-735: Is almost unheard of), which is always included in the lease agreement (preferably for both sides in writing). It should be one of the primary factors a tenant considers before moving in. The incentive is to obtain a good rental yield (profit) and prospect of property price inflation. The disincentives are the locally varying rights of tenants and duties of landlords in repair/maintenance and administration — and keynote risks (tenant disputes, damage, neglect, loss of rent, insurance unavailability/disputes, economic slump, increased rate of interest on any mortgage, and negative equity or loss of investment). Net income (yield) and capital growth from letting (renting out) particularly in leveraged buy to let ,

765-439: Is also an implied warranty of habitability , whereby a landlord must maintain safe, decent and habitable housing, meeting minimum safety requirements such as smoke detectors and a locking door. The most common disputes result from either the landlord's failure to provide services or the tenant's failure to pay rent—the former can also lead to the latter. The withholding of rent is justifiable cause for eviction, as often explained in

810-481: Is largely governed by many of the Landlord and Tenant Acts , in particular the Landlord and Tenant Act 1985 which sets bare minimum standards in tenants' rights against their landlords. Another key statute is the Housing Act 2004 . Rents can be freely increased at the end of a usual six-month duration, on proper notice given to the tenant. A Possession Order under the most common type, the assured shorthold tenancy (AST)

855-457: Is subject to idiosyncratic risk , which is considered objectively intensified for a highly leveraged investor limited to a small number of similar profile homes, of narrow rental market appeal in areas lacking economic resilience. A landlord or their agent can decide to collect a security deposit (and/or in some jurisdictions such as parts of the US, a move-in/administration fee). A barrier if high and

900-666: Is used by housing advocates to describe a phenomenon that is legal nationwide in the United States but is increasingly being banned on the state and city level. Participation in the Section 8 Housing Voucher Program is largely voluntary for landlords . The Biden Administration acknowledged the practice is currently legal federally but promised to address the issue. State laws banning source of income discrimination vary widely with some including protections for tenants using section 8 housing vouchers and some not. Advocates, such as

945-407: Is used for landlords who do not initially intend to become a landlord but have a spare property (from inheriting it, moving in with a partner, or unable to sell when moving), and then choose to lease the property instead of selling it. Rental properties can be paid for by the tenant on whatever basis is agreed upon between the landlord and the tenant (more frequently than weekly or less than yearly

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990-419: Is usually obtainable after eight weeks/two months of unpaid rent, and at the court's discretion after serving the tenant with a Section 8 notice (under the Housing Act 1988 as amended) for a lesser period for all assured tenancies, and on other grounds which defer to the landlord's ownership of the property. If the tenancy is an AST then any possession order will not take effect until six months has passed into

1035-560: The NAACP , argue renters have been unfairly denied usage of their housing voucher and that acceptance of housing vouchers leads to more diverse communities. 22 states, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota*, New Jersey, New York, North Dakota, Oklahoma*, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and Wisconsin*, have statewide policies banning source of income discrimination. Arizona, Indiana, and Texas preempt

1080-460: The Right to Manage , and the right to buy the landlord's interest (to collectively enfranchise). It allows them individually to extend their leases for a new, smaller sum ("premium"), which if the tenants have enfranchised will not normally be demanded/recommended every 15–35 years. Notice requirements and forms tend to be strict. In smaller examples the tenant, depending on a simple mathematical division of

1125-438: The contract defining such terms as the price paid, penalties for late payments, the length of the rental or lease, and the amount of notice required before either the homeowner or tenant cancels the agreement. In general, responsibilities are given as follows: the homeowner is responsible for making repairs and performing property maintenance, and the tenant is responsible for keeping the property clean and safe. Many owners hire

1170-512: The royal domain directly owned by a king, or in the Holy Roman Empire imperial villages directly subject to the emperor. The medieval system ultimately continues the system of villas and latifundia (peasant-worked broad farmsteads) of the Roman Empire . In modern times, "landlord" describes an owner of a property who charges rent to a person. A rental agreement , or lease , is

1215-759: The Restitution of Land Rights Act, 1994, the Land Reform (Labour Tenants) Act, 1996 and the Extension of Security of Tenure Act, 1997. This is in line with the South African Constitution which gave people and communities who had been dispossessed of land after 19 June 1913 as a result of racially discriminatory laws or practices the right to restitution of that property or to fair compensation. The Court also fulfils an important function in reviewing certain decisions of inferior courts. Landlord The concept of

1260-449: The building, may be able to enfranchise individually. Statute of 1925 implies into nearly all leases (tenancies at low rent and at a premium (fine, initial large sum)) of property that they can be sold (by the lessee, assigned); reducing any restriction to one whereby the landlord may apply standard that is "reasonable" vetting, without causing major delay. This is often known as the "statutory qualified covenant on assignment/alienation". In

1305-574: The children of landlords and others in the catering industry. There are significant associations of landlords in various countries. These associations/societies provide support for their members in facing a range of issues by providing a means of mutual support, and also lobby relevant authorities and parliament with regard to the details and implementation of residential and some commercial tenancy legislation. Numerous landlord associations exist in Australia . These associations should be distinguished from

1350-601: The class of property owner associations representing the 'big end of town' — the owners of major buildings and very large residential housing complexes, such as the Property Council of Australia . National Residential Landlords Association (NRLA) has now formed from a merger of the two following organisations as of 31/3/2020: Source of Income Discrimination Source of income discrimination describes when landlords refuse to rent to tenants using housing vouchers or other government assistance . Housing advocates argue

1395-413: The discrimination against Section 8 voucher holders increases if the recipient is African American or Latino. Because of discrimination against voucher holders, many subsidy recipients can only find housing in neighborhoods where they already are in the racial majority. One way in which discriminated parties have dealt with discrimination is by bringing disparate impact claims. In disparate impact claims,

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1440-417: The first study, in the early 1980s, 50 percent of the Section 8 Housing Voucher participants were able to find housing. This number increased to 68 percent from 1985 to 1987. There was a rise to 81 percent by 1993. However, the figures dropped to 69% success in 2000. The low success rates can be attributed to landlords declining to accept the vouchers either because of discrimination against the participants in

1485-505: The initial tenancy. A tenancy of someone who has been in occupation since before 15 January 1989 usually, if not a shorthold from the outset following their inception from 1980 onwards, may be a " regulated tenancy " with many more rights, especially under the Rent Act 1977 and Protection from Eviction Act 1977 , introduced by the Third Wilson ministry . Each house in multiple occupation ,

1530-481: The landlords—like all other men—love to reap where they never sowed, and demand a rent even for their land’s natural product." George believed land belonged to everyone and supported a public tax on economic rent , which he believed would be so profitable that all other taxes would be abolished. Another common criticism of landlords is the tendency for monopolization . Without regulation, corporations are able to use their purchasing power to buy up housing stock. In

1575-424: The lease. City ordinances can also play a role in renting policy, such as the rise in source-of-income anti-discrimination ordinances. Tenants unions also affect housing policy when organized politically. In Canada , residential homeowner–tenant disputes are primarily governed by provincial law (not federal law ) regarding property and contracts . Provincial law sets the requirements for eviction of

1620-445: The meaning of "good and substantial repair". Implied principles include "non-derogation from grant" and "quiet enjoyment". All businesses which are tenants (lessees) must decide whether to contract in or outside of Part II of the Landlord and Tenant Act 1954 which gives them "business security of tenure". If not, it generally applies by default. This "security of tenure" is expressly subject to common reasons and associated mechanisms for

1665-565: The neighborhoods with higher poverty rates. Specifically, denial rates were 11 to 27 percent higher in low-poverty tracts compared to high-poverty tracts. In addition, while the refusal to accept the vouchers appears racially neutral on its face, many housing advocates contend that the acceptability and legality of Section 8 discrimination enable landlords to use it as a proxy for other legally prohibited kinds of discrimination, such as that based on race, ethnicity, national origin, gender, family status, or disability. For example, studies show that

1710-404: The overall diminishing domain of social housing , exceptionally, lessees widely acquire over time the Right to Buy for a fixed discount on the market price of the home. In commercial property much of the law, especially as to disputes and basic responsibilities, is based on freedom of contract of the common law including the implied terms of precedent decisions of wide-ranging case law such as

1755-476: The passage of source of income discrimination laws; however, city ordinances may differ. Phoenix, Arizona passed an ordinance in March 2023 banning source of income discrimination. *Excludes section 8 housing There are more than two million households in the United States that participate in the Section 8 Housing Choice Voucher Program (the Section 8 voucher program) to afford privately owned rental housing. When

1800-419: The practice keeps vulnerable communities from accessing housing, although landlords point to lack of protections for tenants as their right to refuse service. In the United States , housing vouchers fall under Section 8 of the Housing Act of 1937 . Section 8 housing vouchers provide housing assistance for low-income, elderly, and disabled individuals or families. The term “source of income discrimination”

1845-500: The program or because of the burdens the program places on housing providers. In a study conducted by U. S. Department of Housing and Urban Development, researchers examined the landlord denial rate of individuals with a housing voucher in neighborhoods with varying poverty rates. The researchers found that in areas where people with vouchers are considered a protected class, the denial rates are significantly lower. The areas with less outright denial of people with vouchers often tend to be

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1890-443: The property. The terms "slumlord", "slum landlord", or "ghetto landlord" is used to describe landlords of large numbers of such properties, often holding a virtual local monopoly. Public improvement or major private investment can improve such areas. In extreme situations, government compulsory purchase powers in many countries enable slum clearance to replace or renovate the worst of neighbourhoods. The term 'accidental landlord'

1935-479: The requirements for eviction of a tenant. Generally, there are a limited number of reasons for which a landlord or landlady can evict his or her tenant before the expiration of the tenancy, though at the end of the lease term the rental relationship can generally be terminated without giving any reason. Some cities, counties, and states have laws establishing the maximum rent a landlord can charge, known as rent control, or rent regulation , and related eviction . There

1980-442: The residents of the town, they are able to raise rent and lower wages during a recession . Renters (tenants or other licensees) at the lowest end of the payment scale may be in social or economic difficulty and suffer significant social stigma as a consequence. Due to lack of alternative options, such renters are often the victims of unscrupulous owners of unsafe and decrepit properties who neglect their responsibility to maintain

2025-764: The term used is licensed victualler or simply "licensee". The Licensed Trade Charity , formed in 2004 from the merger of the Society of Licensed Victuallers and Licensed Victualler's National Homes, exists to serve the retirement needs of Britain's pub landlords. The charity also runs three private schools in Ascot and Reading in Berkshire and Sayers Common in Sussex . As well as having normal full fee paying students, Licensed Victuallers' School in Ascot provides discounted education prices for

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