The document summarizes key changes to Welsh housing law under the Renting Homes (Wales) Act 2016 and the Housing (Wales) Act 2014. It explains that the 2016 Act replaces existing tenancy types with two new types of occupation contracts - secure contracts and standard contracts. Secure contracts offer greater security of tenure, based on the current secure tenancy model. Standard contracts come in periodic or fixed term varieties. The document outlines rights for all contract holders, grounds for possession, and landlord repair obligations. It provides additional resources on homelessness, gypsies and travelers, and social housing standards under the 2014 Act.
Example Movebubble Rentsign Rental AgreementMovebubble
This document is an assured shorthold tenancy agreement between Joe Bloggs (the owner) and Annie Smith, Jonathan Doe, and Steve Jones (the renters) for the rental property located at 123 Example Road, London, N1 6AD. The initial term is for 12 months beginning on May 19, 2014 and ending on May 18, 2015. Rent is £375 per month and is due on the 19th of each month in advance. A security deposit of £375 is also due. The property is provided unfurnished.
Rights of tenants under tamilnadu rent control actAltacit Global
The document summarizes some of the key rights of tenants under the Tamil Nadu Rent Control Act. It discusses tenants' rights to fair rent as determined by a formula, protection from unreasonable eviction except under specified grounds, and the right to deposit rent with a controller if the landlord's address is unknown. It also briefly describes lease agreements as being covered by rent control laws, while lease and license agreements of less than 12 months are exempt from these laws.
Form of Lease Agreement (Purchase this doc, Text: 08118887270 (Whatsapp))GLC
This document is a lease agreement between PT. _________, the Lessor, and ___________________ Ltd., the Lessee. The key points are:
1) The Lessor agrees to lease a piece of land and buildings known as _________ Industrial Estate, measuring approximately _________ square meters, to the Lessee for 5 years.
2) The annual rent is set at US$________ for the first year and US$________ for years 2-5. Rent is to be paid in advance according to the payment schedule.
3) The agreement outlines the parties' rights and responsibilities regarding maintenance, repairs, alterations to the property, insurance, and other terms of the lease.
4)
A license can be granted expressly or impliedly if the licensor has a lawful interest in the property. A license agreement should state the names and addresses of the licensor and licensee, the time period of the agreement, and the specific purpose of the license. The licensee does not have the right to transfer the license without permission, and the licensor can revoke the license unless it is coupled with a property transfer or the licensee undertakes permanent work with permission. The licensor must disclose any property defects that could harm the licensee.
The document discusses leave and license agreements under Indian law. It provides definitions and essential features of a license, differences between a license and lease, related laws governing licenses, stamp duty requirements, registration procedures, common problems encountered, solutions, termination and revocation, and summarizes three relevant case laws. Key points are that a license does not transfer property interests but grants permission, licenses cannot be transferred, and the intention and substance of the agreement determines if it is a license or lease.
Guidance for residential landlords and tenantsBolt Burdon
This document discusses different types of residential tenancies in the UK, including rent act tenancies, assured tenancies, assured shorthold tenancies, and contractual tenancies. It also covers protecting tenant deposits, key terms for tenancy agreements, dealing with tenant complaints and rent arrears, and terminating tenancies. The author provides details on identifying the tenancy type and how the relevant laws apply to things like rent increases, possession, and deposit protection according to each type of tenancy.
The document summarizes key aspects of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017:
1. It establishes a framework for regulating rent and balancing the rights and responsibilities of landlords and tenants in urban areas of Tamil Nadu. Authorities like Rent Authorities, Rent Courts, and Rent Tribunals are constituted to provide fast adjudication of disputes.
2. Tenancy agreements must be registered with the Rent Authority. The period of tenancy and obligations of landlords and tenants regarding rent payment, maintenance, and essential services are specified.
3. Grounds for landlords to recover possession of premises include non-payment of rent, subletting without
This document summarizes key aspects of rent control and tenant eviction laws in Tamil Nadu, India. It outlines that rent control laws were introduced to regulate rents and prevent unreasonable eviction of tenants. The Tamil Nadu Buildings (Lease and Rent Control) Act of 1960 currently governs these issues, allowing eviction only on specified grounds such as non-payment of rent, subletting, or the landlord requiring the property for personal use. The document also provides details on determining fair rent and exemptions to the rent control act.
Example Movebubble Rentsign Rental AgreementMovebubble
This document is an assured shorthold tenancy agreement between Joe Bloggs (the owner) and Annie Smith, Jonathan Doe, and Steve Jones (the renters) for the rental property located at 123 Example Road, London, N1 6AD. The initial term is for 12 months beginning on May 19, 2014 and ending on May 18, 2015. Rent is £375 per month and is due on the 19th of each month in advance. A security deposit of £375 is also due. The property is provided unfurnished.
Rights of tenants under tamilnadu rent control actAltacit Global
The document summarizes some of the key rights of tenants under the Tamil Nadu Rent Control Act. It discusses tenants' rights to fair rent as determined by a formula, protection from unreasonable eviction except under specified grounds, and the right to deposit rent with a controller if the landlord's address is unknown. It also briefly describes lease agreements as being covered by rent control laws, while lease and license agreements of less than 12 months are exempt from these laws.
Form of Lease Agreement (Purchase this doc, Text: 08118887270 (Whatsapp))GLC
This document is a lease agreement between PT. _________, the Lessor, and ___________________ Ltd., the Lessee. The key points are:
1) The Lessor agrees to lease a piece of land and buildings known as _________ Industrial Estate, measuring approximately _________ square meters, to the Lessee for 5 years.
2) The annual rent is set at US$________ for the first year and US$________ for years 2-5. Rent is to be paid in advance according to the payment schedule.
3) The agreement outlines the parties' rights and responsibilities regarding maintenance, repairs, alterations to the property, insurance, and other terms of the lease.
4)
A license can be granted expressly or impliedly if the licensor has a lawful interest in the property. A license agreement should state the names and addresses of the licensor and licensee, the time period of the agreement, and the specific purpose of the license. The licensee does not have the right to transfer the license without permission, and the licensor can revoke the license unless it is coupled with a property transfer or the licensee undertakes permanent work with permission. The licensor must disclose any property defects that could harm the licensee.
The document discusses leave and license agreements under Indian law. It provides definitions and essential features of a license, differences between a license and lease, related laws governing licenses, stamp duty requirements, registration procedures, common problems encountered, solutions, termination and revocation, and summarizes three relevant case laws. Key points are that a license does not transfer property interests but grants permission, licenses cannot be transferred, and the intention and substance of the agreement determines if it is a license or lease.
Guidance for residential landlords and tenantsBolt Burdon
This document discusses different types of residential tenancies in the UK, including rent act tenancies, assured tenancies, assured shorthold tenancies, and contractual tenancies. It also covers protecting tenant deposits, key terms for tenancy agreements, dealing with tenant complaints and rent arrears, and terminating tenancies. The author provides details on identifying the tenancy type and how the relevant laws apply to things like rent increases, possession, and deposit protection according to each type of tenancy.
The document summarizes key aspects of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017:
1. It establishes a framework for regulating rent and balancing the rights and responsibilities of landlords and tenants in urban areas of Tamil Nadu. Authorities like Rent Authorities, Rent Courts, and Rent Tribunals are constituted to provide fast adjudication of disputes.
2. Tenancy agreements must be registered with the Rent Authority. The period of tenancy and obligations of landlords and tenants regarding rent payment, maintenance, and essential services are specified.
3. Grounds for landlords to recover possession of premises include non-payment of rent, subletting without
This document summarizes key aspects of rent control and tenant eviction laws in Tamil Nadu, India. It outlines that rent control laws were introduced to regulate rents and prevent unreasonable eviction of tenants. The Tamil Nadu Buildings (Lease and Rent Control) Act of 1960 currently governs these issues, allowing eviction only on specified grounds such as non-payment of rent, subletting, or the landlord requiring the property for personal use. The document also provides details on determining fair rent and exemptions to the rent control act.
The formats for Leave & License and Tenancy Agreements are given only for getting some basic idea and to calculate the pages approximately. Actual document may vary finally and also as per the T & C selected by the parties. This document is downloaded from igrmaharashtra.gov.in and share to help people to find information on Leave and licenses agreement
For more visit: http://realbuildr.com
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
Landlord Tenants: Landlord's Options When the Deal Goes BadEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part two discusses options that Landlords may have when the deal goes bad
The document summarizes the process for recovering commercial debts in the UK, including pre-litigation steps like sending a letter before action, and litigation steps such as issuing a claim form and particulars of claim. It discusses the Late Payment of Commercial Debts (Interest) Act 1998, which implies terms into contracts for statutory interest and compensation on late payments. It also provides guidance on properly pleading claims for interest and statutory compensation to ensure they can be recovered.
This document provides an overview of key concepts in business law in India including definitions of law, the need for business laws, sources of business law, the Indian Contract Act of 1872, essential elements of a valid contract, and classifications of contracts. It defines law, discusses the objectives of business law and contract law, and provides examples to illustrate concepts like void, voidable, and valid contracts.
This document provides a summary of key information related to evictions and tenancy rights in India:
- It defines who constitutes a landlord and tenant under Indian law.
- It outlines common reasons for evictions such as non-payment of rent, subletting, property damage, and landlord requiring the property for self-use.
- It summarizes the rights of both landlords and tenants under Indian tenancy laws, including a landlord's right to evict tenants and increase rent, as well as a tenant's right to safe and habitable housing.
- It discusses the concept of subletting in India and key court rulings, stating that subletting without permission is generally grounds
Bba 3210, business law 1 course learning outcomes for unithoney690131
This document outlines key concepts from Unit VI of a business law course, including:
1. The Uniform Commercial Code (UCC) standardizes commercial law, including contract formation and sales performance.
2. Article 2 of the UCC governs sales contracts, addressing formation, performance, warranties, and remedies.
3. Key concepts in Article 2 include the definition of goods, merchant status, and modifications to elements of contract formation like offers, acceptances, and the "battle of the forms."
Scottish Letting Day 2019 Biosphere BlueJudithDunn7
This document provides an overview and summary of an event on Scottish Letting Day 2019. It discusses sessions on understanding private residential tenancies, succession planning for landlords, and unwrapping energy performance certificates. Specifically, it outlines key points from presentations on creating and managing private residential tenancy agreements under Scottish law, considerations for landlord succession planning like powers of attorney and wills, and explains what information is contained on energy performance certificates for rental properties in Scotland.
This document is a sale and purchase agreement between a vendor and purchaser for a property. Key details:
- The vendor agrees to sell and the purchaser agrees to buy a property for RM152,660, subject to terms in the agreement.
- The purchaser pays a deposit and will pay the balance of RM137,394 within 3 months of the unconditional date.
- The vendor will execute documents to transfer the property to the purchaser, including a memorandum of transfer, which will be deposited with solicitors for adjudication upon completion of payment.
- Upon full payment and registration of transfer documents, legal possession of the property will be delivered to the purchaser.
The document discusses the concepts of bare trust and stakeholder under Malaysian law. It begins by explaining that a solicitor stakeholder temporarily holds money or property while its owner is still being determined, such as money paid by a purchaser pending registration of a property transfer. It then summarizes two key Malaysian cases on stakeholders. The document also discusses the English common law position on bare trusts, where the vendor becomes a bare trustee once a valid sale contract exists. However, under Malaysian law bare trustee status only arises after full payment and execution of a valid transfer, as established in another case summarized. The key differences between the common law and Malaysian positions on bare trusts are also outlined.
Ll1 slides dealings part 2 leases and tenanciesxareejx
The document discusses the definition and key characteristics of leases and tenancies under Malaysian law. It defines a lease as a conveyance granting an interest in land less than a freehold from a lessor to a lessee. Leases must be for a specific duration exceeding 3 years, while tenancies can be for up to 3 years. Registered leases create greater legal rights than unregistered leases or tenancy agreements exempt from registration.
This document is a tenancy agreement between a landlord and tenant. The landlord owns a multi-story house and is leasing the ground floor to the tenant for residential purposes. Key terms of the agreement include:
1) The tenant will pay a monthly rent of a specified amount, along with a security deposit, and is responsible for electricity charges.
2) The tenancy commenced on a specified date and the tenant will use the space solely for residential purposes.
3) The landlord is responsible for property taxes and will provide water to the tenant free of cost.
4) Notices between the parties must be in writing and the courts of a specified jurisdiction will handle any disputes arising from the agreement.
This document discusses landlord and tenant obligations under Illinois law. It provides an overview of key topics including:
1. The duties of landlords to deliver possession to tenants, make repairs, and provide quiet enjoyment. It summarizes relevant statutes and common law on these issues.
2. The rules around security deposits, including timelines for returning deposits and paying interest. The key state statutes governing these obligations are summarized.
3. A brief overview of the applicability of the Fair Credit Reporting Act and Protecting Tenants at Foreclosure Act in landlord-tenant relationships.
4. Abandoned property issues are also listed as a topic but not further discussed. Background information is provided on the author and their qualifications
This document discusses various laws related to real estate transactions in India. It outlines 16 key acts that govern this area like the Indian Contract Act 1872, Transfer of Property Act 1882, Registration Act 1908, Urban Land Ceiling Act 1976, Land Acquisition Act 1894, and Income Tax Act 1961. These acts cover aspects like contract enforcement, property transfer rules, registration formalities, land ownership ceilings, land acquisition for government projects, and taxation. Real estate transactions must comply with the relevant provisions of these central and state laws.
This document provides information about a conference on Scottish Letting Day 2019 that included sessions on succession planning for landlords, understanding the private residential tenancy, and unwrapping the energy performance certificate. The succession planning session discussed powers of attorney, wills, and registration considerations for what would happen to a landlord's properties if they were unable to manage them. The private residential tenancy session reviewed creating and managing a private residential tenancy agreement. The energy performance certificate session explained the metrics and recommendations provided in an energy performance certificate for rental properties in Scotland.
The document summarizes updates to Florida's Landlord Tenant Act that took effect on July 1st, 2013. Key changes include: narrowing situations where the Act doesn't apply; preventing attorneys from collecting fees in personal injury claims but not allowing fee waivers; modifying security deposit disclosures; allowing landlords to withdraw advanced rent without notice; and creating presumptions around deposit transfers to new owners. The changes aim to clarify landlord and tenant rights and responsibilities under the updated Act.
The document discusses the law of contracts in India. It begins by defining a contract as an agreement that is enforceable by law under the Indian Contract Act of 1872. It then discusses key elements of a valid contract including offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free and genuine consent, lawful object, certainty and possibility of performance, and legal formalities. It also covers classification of contracts according to validity, formation, and performance. Examples are provided to illustrate voidable contracts, void agreements, and other contract types.
Andrés Avelino Cáceres lideró a las tropas peruanas en varias batallas clave contra las fuerzas chilenas durante la Guerra del Pacífico (1879-1883), incluyendo victorias tempranas en Tarapacá y Alto de la Alianza, así como derrotas posteriores en San Juan, Miraflores y Huamachuco. Sin embargo, logró sus mayores triunfos en las batallas de Marcavalle y Pucará como parte de su exitosa Campaña de la Breña para resistir la invasión desde la sierra central peru
El documento resume los principales eventos durante los gobiernos de Andrés Avelino Cáceres en el Perú en las décadas de 1880 y 1890. Se reorganizó el ejército, se estableció la educación primaria obligatoria y se realizaron mejoras de infraestructura como alumbrado eléctrico y teléfono. Sin embargo, el contrato Grace de 1890 profundizó la dependencia del capitalismo inglés al entregar ferrocarriles y recursos naturales por varias décadas. El segundo gobierno de Cáceres enf
The formats for Leave & License and Tenancy Agreements are given only for getting some basic idea and to calculate the pages approximately. Actual document may vary finally and also as per the T & C selected by the parties. This document is downloaded from igrmaharashtra.gov.in and share to help people to find information on Leave and licenses agreement
For more visit: http://realbuildr.com
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
Landlord Tenants: Landlord's Options When the Deal Goes BadEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part two discusses options that Landlords may have when the deal goes bad
The document summarizes the process for recovering commercial debts in the UK, including pre-litigation steps like sending a letter before action, and litigation steps such as issuing a claim form and particulars of claim. It discusses the Late Payment of Commercial Debts (Interest) Act 1998, which implies terms into contracts for statutory interest and compensation on late payments. It also provides guidance on properly pleading claims for interest and statutory compensation to ensure they can be recovered.
This document provides an overview of key concepts in business law in India including definitions of law, the need for business laws, sources of business law, the Indian Contract Act of 1872, essential elements of a valid contract, and classifications of contracts. It defines law, discusses the objectives of business law and contract law, and provides examples to illustrate concepts like void, voidable, and valid contracts.
This document provides a summary of key information related to evictions and tenancy rights in India:
- It defines who constitutes a landlord and tenant under Indian law.
- It outlines common reasons for evictions such as non-payment of rent, subletting, property damage, and landlord requiring the property for self-use.
- It summarizes the rights of both landlords and tenants under Indian tenancy laws, including a landlord's right to evict tenants and increase rent, as well as a tenant's right to safe and habitable housing.
- It discusses the concept of subletting in India and key court rulings, stating that subletting without permission is generally grounds
Bba 3210, business law 1 course learning outcomes for unithoney690131
This document outlines key concepts from Unit VI of a business law course, including:
1. The Uniform Commercial Code (UCC) standardizes commercial law, including contract formation and sales performance.
2. Article 2 of the UCC governs sales contracts, addressing formation, performance, warranties, and remedies.
3. Key concepts in Article 2 include the definition of goods, merchant status, and modifications to elements of contract formation like offers, acceptances, and the "battle of the forms."
Scottish Letting Day 2019 Biosphere BlueJudithDunn7
This document provides an overview and summary of an event on Scottish Letting Day 2019. It discusses sessions on understanding private residential tenancies, succession planning for landlords, and unwrapping energy performance certificates. Specifically, it outlines key points from presentations on creating and managing private residential tenancy agreements under Scottish law, considerations for landlord succession planning like powers of attorney and wills, and explains what information is contained on energy performance certificates for rental properties in Scotland.
This document is a sale and purchase agreement between a vendor and purchaser for a property. Key details:
- The vendor agrees to sell and the purchaser agrees to buy a property for RM152,660, subject to terms in the agreement.
- The purchaser pays a deposit and will pay the balance of RM137,394 within 3 months of the unconditional date.
- The vendor will execute documents to transfer the property to the purchaser, including a memorandum of transfer, which will be deposited with solicitors for adjudication upon completion of payment.
- Upon full payment and registration of transfer documents, legal possession of the property will be delivered to the purchaser.
The document discusses the concepts of bare trust and stakeholder under Malaysian law. It begins by explaining that a solicitor stakeholder temporarily holds money or property while its owner is still being determined, such as money paid by a purchaser pending registration of a property transfer. It then summarizes two key Malaysian cases on stakeholders. The document also discusses the English common law position on bare trusts, where the vendor becomes a bare trustee once a valid sale contract exists. However, under Malaysian law bare trustee status only arises after full payment and execution of a valid transfer, as established in another case summarized. The key differences between the common law and Malaysian positions on bare trusts are also outlined.
Ll1 slides dealings part 2 leases and tenanciesxareejx
The document discusses the definition and key characteristics of leases and tenancies under Malaysian law. It defines a lease as a conveyance granting an interest in land less than a freehold from a lessor to a lessee. Leases must be for a specific duration exceeding 3 years, while tenancies can be for up to 3 years. Registered leases create greater legal rights than unregistered leases or tenancy agreements exempt from registration.
This document is a tenancy agreement between a landlord and tenant. The landlord owns a multi-story house and is leasing the ground floor to the tenant for residential purposes. Key terms of the agreement include:
1) The tenant will pay a monthly rent of a specified amount, along with a security deposit, and is responsible for electricity charges.
2) The tenancy commenced on a specified date and the tenant will use the space solely for residential purposes.
3) The landlord is responsible for property taxes and will provide water to the tenant free of cost.
4) Notices between the parties must be in writing and the courts of a specified jurisdiction will handle any disputes arising from the agreement.
This document discusses landlord and tenant obligations under Illinois law. It provides an overview of key topics including:
1. The duties of landlords to deliver possession to tenants, make repairs, and provide quiet enjoyment. It summarizes relevant statutes and common law on these issues.
2. The rules around security deposits, including timelines for returning deposits and paying interest. The key state statutes governing these obligations are summarized.
3. A brief overview of the applicability of the Fair Credit Reporting Act and Protecting Tenants at Foreclosure Act in landlord-tenant relationships.
4. Abandoned property issues are also listed as a topic but not further discussed. Background information is provided on the author and their qualifications
This document discusses various laws related to real estate transactions in India. It outlines 16 key acts that govern this area like the Indian Contract Act 1872, Transfer of Property Act 1882, Registration Act 1908, Urban Land Ceiling Act 1976, Land Acquisition Act 1894, and Income Tax Act 1961. These acts cover aspects like contract enforcement, property transfer rules, registration formalities, land ownership ceilings, land acquisition for government projects, and taxation. Real estate transactions must comply with the relevant provisions of these central and state laws.
This document provides information about a conference on Scottish Letting Day 2019 that included sessions on succession planning for landlords, understanding the private residential tenancy, and unwrapping the energy performance certificate. The succession planning session discussed powers of attorney, wills, and registration considerations for what would happen to a landlord's properties if they were unable to manage them. The private residential tenancy session reviewed creating and managing a private residential tenancy agreement. The energy performance certificate session explained the metrics and recommendations provided in an energy performance certificate for rental properties in Scotland.
The document summarizes updates to Florida's Landlord Tenant Act that took effect on July 1st, 2013. Key changes include: narrowing situations where the Act doesn't apply; preventing attorneys from collecting fees in personal injury claims but not allowing fee waivers; modifying security deposit disclosures; allowing landlords to withdraw advanced rent without notice; and creating presumptions around deposit transfers to new owners. The changes aim to clarify landlord and tenant rights and responsibilities under the updated Act.
The document discusses the law of contracts in India. It begins by defining a contract as an agreement that is enforceable by law under the Indian Contract Act of 1872. It then discusses key elements of a valid contract including offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free and genuine consent, lawful object, certainty and possibility of performance, and legal formalities. It also covers classification of contracts according to validity, formation, and performance. Examples are provided to illustrate voidable contracts, void agreements, and other contract types.
Andrés Avelino Cáceres lideró a las tropas peruanas en varias batallas clave contra las fuerzas chilenas durante la Guerra del Pacífico (1879-1883), incluyendo victorias tempranas en Tarapacá y Alto de la Alianza, así como derrotas posteriores en San Juan, Miraflores y Huamachuco. Sin embargo, logró sus mayores triunfos en las batallas de Marcavalle y Pucará como parte de su exitosa Campaña de la Breña para resistir la invasión desde la sierra central peru
El documento resume los principales eventos durante los gobiernos de Andrés Avelino Cáceres en el Perú en las décadas de 1880 y 1890. Se reorganizó el ejército, se estableció la educación primaria obligatoria y se realizaron mejoras de infraestructura como alumbrado eléctrico y teléfono. Sin embargo, el contrato Grace de 1890 profundizó la dependencia del capitalismo inglés al entregar ferrocarriles y recursos naturales por varias décadas. El segundo gobierno de Cáceres enf
El documento describe la historia de los medios de comunicación desde sus orígenes hasta la actualidad. Comenzó con la comunicación oral y visual entre personas, luego se desarrollaron sistemas como tambores, señales de humo, palomas mensajeras y telegrafía óptica. Más tarde aparecieron el telégrafo eléctrico, el teléfono, la radio, la televisión, internet y las redes sociales, permitiendo la transmisión de información a distancias cada vez mayores y a velocidades cada vez más altas.
Sleeping with the enemy: learning from and working with food marketers
What are the costs of demonizing food marketers? We engage in misdirection, minimise the effectiveness of our own efforts, and miss an opportunity to cooperate (use their knowledge & resources)
Este documento habla sobre los deportes extremos. Explica que los deportes extremos son actividades físicas ya existentes que implican factores agregados que las vuelven más peligrosas, como realizarlas a gran altura o velocidad. Luego menciona algunos deportes extremos populares como el trineo de asfalto en el que los participantes descienden a alta velocidad en trineos por el asfalto. Finalmente, clasifica los deportes en tres categorías: deportes extremos, deportes de riesgo y escalada libre.
En ésta presentación se encuentra todo lo relacionado con la configuración de procesos productivos. Espero les pueda servir la información brindada en la presentación. Para más información visitar mi blog y dejar sus comentarios
https://zoomindustrial.blogspot.com
Este documento describe la industria de comida rápida en Guatemala y la posición de Pollo Campero dentro de ella. En 2001, Pollo Campero era la cadena de comida rápida más grande de Centroamérica y la más internacionalizada de Latinoamérica, con presencia en 7 países. La industria de comida rápida en Guatemala experimentó un fuerte crecimiento desde los años 1970 y 1980, impulsada por cambios sociales. En 2001, las franquicias extranjeras representaban el 85% del mercado guatemalteco, liderado por cadenas
1) El documento describe la historia y características de la pintura y arquitectura china, incluyendo sus principales períodos, estilos y artistas. 2) Un artista clave fue Guo Xi, quien pintó el paisaje Comienzos de la primavera durante la dinastía Song del norte usando técnicas pioneras como la neblina graduada. 3) La pintura china clásica se basa en la caligrafía china y utiliza materiales como pinceles, tinta y papel de arroz.
Running Head ELEMENTS OF A CONTRACT 1 .docxtodd271
Running Head: ELEMENTS OF A CONTRACT
1
ELEMENTS OF A CONTRACT
6
Elements of a Contract
BUS 670 Legal Environment
12/11/17
Elements of a Contract
A contract of employment refers to the agreement between the employer and employee that forms the basis for an employment relationship. In most cases, a contract takes effect as soon as an employee employment offer is accepted. By starting to work ideally demonstrates that the employee has accepted the employer’s terms and conditions bade. However, an existing employment contract can only be varied with the understanding of both parties. To grasp entropy behind varying or changing a contract.
Contract cancellation occurs when either party involved ends a contract supposedly for a violation by the other. The party that cancels that contract retains any remediation for the violation of the contract. When one party breaches the terms and conditions of the signed contract, the other concerned party bears the right to cancel. As such, the integral contract may be rolled down, refunding of previously payments and ending any remaining obligations. Contract termination falls out when either party involved ends a contract in other respects prior to a breach as perceived by the scenario.
With this integral occurrence, any components of a contract that had initially to be accomplished will be left behind, but any future obligations that are not yet carried out will cease. However, like the binding of the contract, the requisite elements of contract terms that must be established in order to demonstrate the legal formality for the process involves; offer, acceptance, consideration, mutuality of obligation and competency (Tepper, 2014).
About to offer, it is crucial to check out the terms and conditions of the agreement of a termination or rescission clause. Recession basically relates to the act of rescinding; the cancellation of a contract and the return of the parties to the positions they would have had if the contract had not been made (Morawetz, 1925). Some contractual agreements might automatically terminate the contract after a fixed event or term while some can be canceled officially without the permission of another party. If the contractual agreement is arranged to terminate within the near future, then one might only allow the contract to lapse. All the same, if the contract agreement has a friendly rescission clause, then contract termination may not be of the essence.
Following the apprehension of the terms and condition, one is thereby expected to verify whether the agreement is accorded a notice provision. Much of contractual agreements require that all established correspondence among the parties involved be executed through communication in writing. Set off the address of o.
Top 20 Standard Contract Clauses Every Manager Should KnowSHAZEBALIKHAN1
A contract is the project bible. It includes several clauses that explain the terms and conditions. The article enlists 20 such clauses that are common and a part of every contract.
This document summarizes key elements of rental agreements and sales agreements in India as governed by the Indian Contract Act. For rental agreements, it outlines typical provisions such as parties, property description, term, rent and deposit, maintenance responsibilities, utilities, use of property, termination notice, and governing law. For sales agreements, it describes common inclusions like parties, goods/property description, purchase price, payment terms, delivery, representations, inspection, risk of loss, default remedies, and governing jurisdiction. The conclusion emphasizes that these agreements establish legally binding obligations and play an important role in various business and property transactions in India.
Contract law in Poland is regulated by the Polish Civil Code, which is based on continental European legal models like the Napoleonic Code. The Civil Code was adopted in 1964 and underwent significant changes in 2003 regarding definitions of terms like "consumer" and "entrepreneur", and new regulations for business names, commercial representation, and contract conclusion. A new version of the Civil Code is currently being drafted to harmonize it with the Polish Constitution, EU law, and international trade practices. Consumer protection law was also passed in 2014 to align Polish law with EU consumer regulations. Additionally, regulations like Rome I and Rome II determine the governing law for international contracts and non-contractual obligations in Poland.
This document provides an overview of contracts and the contract formation process. It defines a contract as a legally binding agreement between two parties that creates obligations to perform or not perform specific duties. For a contract to be valid and enforceable it requires an offer, acceptance, and consideration between the parties. The document outlines the basic elements and types of contracts, as well as the process for developing, finalizing, and executing contracts on behalf of a university.
From 1 October 2011, all construction contracts will fall under amendments to the Construction Act. Key changes include: 1) oral contracts will now be covered; 2) adjudicators can amend clerical errors in decisions; 3) unenforceable "Tolent clauses" stipulating costs of adjudication; and 4) "pay when paid" clauses extended to "pay when certified". A new payment regime involves payment notices and default notices to establish payment amounts. The right to suspend work has also been widened along with recovering reasonable costs of suspension. All construction contracts should be reviewed for compliance with the new amendments.
LEC - 1.ppt most important lecture note and best2cd
The document defines key terms related to contracts, including:
1. A contract is a legally binding agreement between two parties that creates rights and obligations. It typically involves one party undertaking work in exchange for payment.
2. The elements that distinguish a contract from a simple agreement are offer, acceptance, and enforceability under law.
3. Key parties to a construction contract typically include the client/owner, contractor, and consultant. Their main rights and responsibilities are also outlined.
4. For a contract to be valid, it must generally contain offer/acceptance, consideration, competent parties, and a lawful purpose. The document provides further details on these elements.
Learn all about the new TREC contract forms required Jan 2016. Power point can be used alone or with text book for 30 hour TREC approved pre-licensing class. www.createspace.com/5249273.
This document discusses individual employment contracts under Article 8 of the Rome I convention. It begins by defining an individual employment contract and outlining what elements are required for such a contract to exist. It then explains Article 8, which governs the applicable law for individual employment contracts. Article 8 allows parties to choose the governing law but protects employee rights. If no choice is made, it establishes rules for determining the applicable law based on the employee's habitual work location or place of business. The document concludes that Article 8 provides parties freedom of choice while also regulating applicable law to promote fairness and protect weaker parties like employees.
This document provides an overview of Articles 2 and 2A of the Uniform Commercial Code (UCC) which govern the formation of sales and lease contracts. It defines key terms like goods, merchants, sales, leases, offers, acceptance and statute of frauds. It also compares the UCC approach to contract formation and requirements to the common law of contracts.
The document discusses key aspects of contract and negligence law as they relate to business. It begins with an executive summary distinguishing contract and tort law. It then provides a table of contents outlining the report's structure. The main sections discuss elements of contract formation, different ways contracts can be formed, analysis of contractual terms, case studies applying contract and negligence principles, similarities and differences between contractual and tort liability, conditions for negligence, and vicarious liability. The document aims to provide a practical understanding of how contract and tort law solve business problems.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
This document summarizes key aspects of Article 8 of the Rome I convention regarding individual employment contracts. Article 8 outlines rules for determining the governing law of an employment contract if the parties did not choose one. It states that without a choice, the contract is governed by the law of the country where the employee habitually carries out work. If that cannot be determined, the law of the place of business that engaged the employee applies. The article also allows for considering the overall circumstances to apply the law of the country most closely connected to the contract.
This document appears to be an assignment analyzing various aspects of contracts and negligence for a business. It contains 4 tasks that discuss essential elements of a valid contract, different types of contracts and their impact, analysis of contract terms, application of contract law, tort liability versus contractual liability, negligence liability, and vicarious liability in business situations. The document also includes an executive summary, table of contents, and references section.
The International Comparative Legal Guide to Securitisation 2016 EditionAlessia Sciarra
The ninth edition of The International Comparative Legal Guide to Securitisation is now available.
This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of securitisation in 34 jurisdictions.
The Italian chapter is written by Andrea Pinto e Vittorio Salvadori di Wiesenhoff, leading securitisation lawyers of K&L Gates Milan.
Class-4-Drafting of various important clauses in a contract.pptxAnuj Pandey
This document provides information about various important clauses in contracts, including termination clauses, renewal clauses, confidentiality and non-disclosure clauses, indemnification clauses, and non-compete clauses. It discusses the meaning and purpose of these clauses, provides examples, and explains how they work and what they cover. Specifically, it outlines the key elements that should be included in confidentiality agreements to protect proprietary information.
The document discusses the essential elements of a valid contract under Indian law. It begins by defining a contract as an agreement that is enforceable by law. There must be an offer and acceptance, resulting in an agreement between two parties. For an agreement to become an enforceable contract, there must be free consent between competent parties, lawful consideration, a lawful object, and the agreement cannot be expressly declared void. The document then elaborates on each of these essential elements in further detail. It also discusses the differences between a mere agreement and an enforceable contract.
11262014 The Legal Environment of Business, Ch. 6 - Learning.docxhyacinthshackley2629
11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus
https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24
Overview and Formation of Contracts
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Distinguish between contracts based on categories and apply the correct source of law to specific contracts.
Explain the concept of mutual assent by defining the legal requirement of agreement.
Identify and explain the other requirements for the formation of a valid contract.
List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus
operation of law.
Apply the mailbox rule to resolve a question of when acceptance is effective.
Articulate the legal requirement of consideration and identify which contracts do not require consideration.
Give examples of circumstances where the legal requirements of capacity or legality are at issue.
Explain the concept of enforceability and geniune assent.
Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law.
The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto
day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career.
Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly
used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by
contract law.
Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being
enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the
Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have
written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered
losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized
societies.
Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding
contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and
implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to
achieve business objectives without excessive risk.
In this.
- The Constitution of Kenya 2010 recognizes the importance of contracts in commercial relationships and provides a framework for their regulation and enforcement. It establishes the right to enter into contracts and protects contractual rights and obligations.
- While it does not explicitly address all aspects of contracts, it includes provisions related to indemnity for public officers and constitutional officeholders. It also guarantees rights like equal protection, healthcare, and housing that can act as guarantees.
- The Constitution provides for seeking remedies for breach of contractual obligations through the courts. It also protects property rights, including property acquired through contracts.
- The Contracts Act of Kenya further governs contracts and outlines termination procedures, available remedies for breach like damages and specific performance,
1. Table of Contents
Introduction ...............................................................................................2
PART 1 - The main types of occupation arrangements ........................................3
What is an Occupation Contract? .....................................................................3
Characteristics of all occupation contract.........................................................4
The rights of all contract-holders......................................................................4
The types of occupation contracts....................................................................5
Secure Contracts...........................................................................................6
Standard Contracts .......................................................................................7
i.) Periodic Standard Contracts ...............................................................7
ii.) Fixed Standard Contracts....................................................................8
Glossary of key terms used in Part 1 ................................................................9
Part 2 – Termination, Possession proceedings and Defences...................11
Grounds for possession – all types of contracts.................................................11
Grounds for possession – Secure contracts........................................................12
Grounds for possession – Periodic Standard contracts ......................................13
Grounds for possession – Fixed Standard contracts...........................................13
Defences to Termination and possession claims................................................15
Glossary of key terms used in Part 2..................................................................15
Part 3 – Repairs ........................................................................................17
Obligations of Landlords’ ...................................................................................17
Limits to Landlords’ obligations .........................................................................17
Part 4 – Additional Resources [Housing (Wales) Act 2014] ......................19
i.) Homelessness.......................................................................................19
ii.) Gypsies and Travelers...........................................................................20
iii.) Standard for Social Housing......................................................................................21
Table of General Amendment Provision ............................................................21
Appendix: Flow Chart of Occupation Contract......................................................22
2. ~ 2 ~
Introduction
The implementation of the Renting Homes (Wales) Act 2016 alters the existing
legislation governing housing law as outlined in the 2014/2015 Mencap Cymu tool
kit, making it easier to rent a home in Wales and increasing the legal protection
offered to tenants. Secondly, the Housing (Wales) Act enacted in 2014 provides
further assistance on evictions.
This supplement sets out the key provisions of the new legislation, and is designed
to be read in conjunction with the main tool kit. The provisions of the Renting
Homes (Wales) Act 2016 are dealt with first, and information on the Housing
(Wales) Act 2014 can be found in the final section. It is important to note that the
2016 Act has not fully come into force yet, but it is expected that the legislation will
be enacted in the near future.
In this supplement, the Renting Homes (Wales) Act 2016 will be referred to as “the
2016 Act” and the Housing (Wales) Act 2014 as “the 2014 Act” unless otherwise
stated.
This supplement is divided into four parts:
Part 1 – The main types of occupation arrangements – explains the key
changes in relation to the existing types of tenancies, explained in Part 1 of the
main tool kit. The introduction of the concept of “occupation contract” is one of
the most important features of the new Act. Therefore, the previously established
tenancies are abolished and replaced by two main types of occupation contract.
This part will explain the rules in relation to each type of contract.
Part 2 – Termination and Possession proceedings – sets out the grounds that
a landlord can rely upon when bringing possession proceedings and the defences
that may be used by a contract-holder when threatened with eviction.
Part 3 – Repairs – explains the obligations of landlords to repair the rented
property and the restrictions on these obligations.
Part 4 – Additional resources – contains further steps that tenants (now
‘contract-holders’) can take in response to a threat of an immediate eviction under
Housing (Wales) Act 2014.
Appendix – Contains a flow chart of the contents of the supplement.
3. ~ 3 ~
Part 1 – The main types of occupation arrangements
People who currently rent homes in Wales do so under a tenancy or licence.
The new Act replaces the previously established statutory tenancies1
with
occupation contracts. As a result, regardless of whether occupiers are tenants or
licensees, they will rent their homes under an ‘occupation contract’ as ‘contract-
holders’.
What is an Occupation Contract?
An occupation contract is a tenancy or licence made between a landlord and an
individual(s), giving the individual(s) the right to occupy a property. The individual
has to pay either rent or other consideration. A person with whom a landlord makes
an occupation contract is referred to as a contract-holder. However, a person under
18 years cannot be a contract-holder.
Under the new arrangement, there will only be two forms of occupation contracts,
namely secure and standard contracts. Each type of contract imposes different
obligations on the contract-holder and on the landlord. This section will explain the
main features of the two forms of occupation contracts, highlight the main changes
made by the Act and touch upon the future of the existing tenancies and licences.
1 Secure tenancy (Housing Act 1985), Assured tenancy and Assured shorthold tenancy (Housing Act 1988),
Introductory tenancy (Housing Act 1996), Demoted tenancy (Anti-Social Behaviour Act 2003) – detailed
information can be found in PART 1 of the main tool kit < https://new.mencap.org.uk/sites/default/files/2016-
06/Final%20Housing%20Law%20and%20the%20rights%20of%20disabled%20tenants%20Tool%20Ki%2
0t.pdf >
A tenancy is a contract between a landlord and a tenant or tenants, for the
tenant(s) to live in the dwelling home. The tenant(s) and the landlord(s) have
obligations. The tenant(s) has an interest in the property and has to pay rent.
A licence is a contract between two or more persons and a landlord, allowing the
person(s) to live in the dwelling.
The difference between a tenancy and licence is that under a licence the person(s)
does not have an interest in the property and does not have the right to sole
occupation of the home.
4. ~ 4 ~
Unlike the Acts outlined in the main tool kit, the 2016 Act requires landlords to
issue a written statement to the contract-holder within 14 days starting with the
day he/she starts living in the property.
The document should set out the rights and obligations of contract-holders
under the contact;
Non-financial and financial remedies are available to the contract-holder
when the written statement is inaccurate or incomplete;
The contract-holder can ask for a further written statement of the contract
at any time; and
The landlord has a similar duty towards a new contract-holder in a joint
contract.
Characteristics of Occupation Contracts
In addition, the 2016 Act provides certain key, fundamental and supplementary
terms which must be included in all occupation contracts. It also provides that
additional terms may be included in the occupation contract:
Key terms (such as rent, address of property);
Fundamental terms – essential rights and obligations of a landlord and a
contract-holder which can be left out or modified but only if the effect of this
is to the advantage of the contract-holder. However, there are automatic
fundamental provisions that must be incorporated into either all secure
contracts, all standards contracts or into all contracts (e.g. the fact that the
contract-holder must not engage in anti-social behaviour);
Supplementary terms (maintenance of property etc.) – these can be left out
or modified either in favour of the contract-holder or the landlord;
Additional terms (specific issues the parties want covered by the contract in
relation to which there are no statutory provisions, for example the keeping
of pets at the property).
The rights enjoyed by all contract-holders:
The right to occupy the property without interference from the landlord;
The right to deal with the property with the landlord’s consent;
The right to sublet;
The right to transfer the contract;
The right to add a joint contract-holder;
The right to have certain repairs carried out by the landlord; and
5. ~ 5 ~
Entitled to compensation.
All occupation contracts can be ended by a court order. The order will be issued
only if one or more of the statutory grounds are established by the landlord.
However, Chapter 2 of Part 9 of the 2016 Act provides that there are certain
circumstances in which both types of occupation contracts can end without a court
order:
1) The contract-holder has the right to terminate the contract by giving notice
to the landlord;
2) Termination by agreement between the contract-holder and the landlord;
3) Breach of contract by the landlord; and
4) When the sole contract-holder dies.
Types of occupation contracts
Table 1: types of occupation contracts
Occupation
Contract
Type of
Landlord
Type of
Contract
Statute
Provision
Previous Tenant types
Secure Local
Authorities
or
Community
Landlord
(subject to
exceptions)
Modelled on
the current
secure tenancy.
Usually based
on an agreed
term period i.e.
weeks, or
months.
Part 2,
section 8
Secure tenancies and
assured tenancies
Standard Private
Landlord
(subject to
exceptions)
Modelled on
the current
assured
shorthold
tenancy. Can be
for a set period
and expires on
a fixed date.
Part 2,
section 8
Introductory
Tenancies, Demoted
Tenancies, assured
shorthold tenancies,
and other private
tenancies and licences
(1) Secure contracts – includes contracts which are modelled on the current secure
tenancy and assured tenancy issued by local authorities under the Housing Act
6. ~ 6 ~
1985 (described in Part 1 of 2014/2015 tool kit). A secure contract does not have
an end date and it runs from week to week or month to month.
Conditions for creating secure contracts:
They must be granted by "community landlords” (community landlords
include “registered social landlord” as defined in section 1 of the Housing Act
1996 (c 52). It also includes a “housing co-operative” as defined in section
27B of the Housing Act 1985); and
They must mention the property, the occupation date, the amount of rent
or other consideration and the rental period.
An occupation contract made with a community landlord is a secure contract unless
one of the exceptions set out in Schedule 3 applies. E.g. where the contract involves
accommodation for asylum seekers or students.
In addition, a community landlord can choose to give a contract-holder an
introductory standard contract rather than a secure contract. This is a periodic
standard contract which, when compared with a secure contract, has reduced the
length of occupation. The “introductory period” lasts for 12 months, and can be
extended to 18 months. At the end of the introductory period, the contract
becomes a secure contract. Schedule 4 of the 2016 Act gives more details of
circumstances in which an introductory standard contract applies.
The 2016 Act also provides for “prohibited conduct standard contracts” under
chapter 5 and schedule 7. This type of occupation contract can be created by a
community landlord upon application to the court on the ground that the contract-
holder has or has threatened to engage in an illegal act or a conduct causing
nuisance. Section 202 of Chapter 8 provides that the landlord’s decision to
terminate a prohibited conduct standard contract is subject to review. A request
for review must be made to the landlord before the end of the period of 14 days
starting with the day on which the landlord gives the contract-holder the notice.
In addition to the rights enjoyed by all contract-holders outlined above, secure
contract-holders enjoy further rights:
A secure contract-holder can have a lodger;
Joint contract-holders may leave the contract (“withdrawal”) by giving notice
to the landlord and a written warning to the other joint contract-holder;
7. ~ 7 ~
A contract-holder can, with the landlord’s consent, transfer his/her contract
to a successor in the event of his death; and
The right to end the contract by giving notice to the landlord.
Furthermore, Chapter 2 of Part 5 of the 2016 Act provides that the landlord is able
to vary the rent payable under a secure contract by giving notice to the contract-
holder. Variation of consideration other than rent can be made by written
agreement between the landlord and the contract-holder or as a result of a law
that has been passed.
As outlined above, all contracts can end if the landlord obtains a court order. In
addition, a secure contract-holder may end the contract by giving notice to the
landlord. If he does not leave the property on the date specified in the notice, the
landlord can apply to the court for an order for possession on the ground that the
contract-holder failed to do so. However, as a secure contract-holder, the landlord
has no further rights to evict the contract-holder.
(2) Standard contracts - cover introductory tenancies, demoted tenancies, assured
shorthold tenancies and other private tenancies and licences discussed in Part
1 of the 2014/15 tool kit.
Conditions for creating standard contracts:
They must be offered by private landlords;
In addition to the key matters set out in section 26 that all contracts must
provide, section 27 requires standard contracts to say whether the contract
is made for periodic term or for a fixed term. If it is fixed term, the term for
which it is made; and
If there are periods during which the contract-holder is not entitled to
occupy the dwelling as a home, the contract must set out those periods.
There are two types of standard contracts:
a.) Periodic standard contracts
Main features:
A periodic standard contract can provide that a contract-holder will not be
allowed to live in the property during specified periods;
8. ~ 8 ~
A contract-holder and his landlord can vary the terms of the contract in
accordance with sections 122 to 129. As with secure contracts, the landlord
is able to vary in writing the rent payable by the contract-holder;
Variation of other terms can also take place in writing;
Certain terms known as ‘fundamental terms’ cannot be varied;
If the landlord fails to seek variation in writing, the landlord has to pay
compensation to the contract-holder under section 87; and
Joint contract-holders may leave the contract (“withdrawal”) by giving notice
to the landlord and a warning notice to the other joint contract-holder.
As with secure contracts, a periodic standard contract can be ended if the landlord
obtains a possession order from the court. Such an order can be made if the
landlord is able to establish the statutory grounds found in Part 2 Chapter 3. The
court may not make an order if the ground relied upon by the landlord is
‘discretionary’ (e.g. breach of contract by the contract-holder) unless it is
reasonable to do so.
It is also possible for periodic standard occupation contracts to end without a court
order.
In addition, as with secure contracts, the contract-holder may end the contract by
giving notice to the landlord. The landlord may also end the contract for any reason
by giving at least two months’ notice to the contract-holder. However, the landlord
may not serve a section 173 notice during first four months (unless the contract is
listed in Schedule 9).
A contract-holder cannot be evicted if he/she has not been given a written
statement or when the landlord is in breach of deposit or security requirements.
b.) Fixed term standard contracts
Main features:
As with periodic standard contracts, the fixed term contract–holder and the
landlord can agree that the contract-holder will not be allowed to live in the
property during specified periods.
The contract-holder and the landlord can vary the terms of the contract by
agreement in writing in accordance with sections 134 to 137. Compensation, under
9. ~ 9 ~
the 2016 Act is available for contract-holders if the landlord failed to do it in writing.
However, variation is impossible when certain fundamental terms are involved.
Sections 139 provides that a fixed term standard contract may allow the contract
to be transferred when the sole contract-holder dies.
As with secure contracts, both types of standard contracts can end if the landlord
obtains a possession order from the court. Such an order will be made if the
landlord can establish the statutory grounds found in Part 2 Chapter 3. If the ground
is ‘discretionary’ (e.g. breach of contract by the contract-holder), the court may
refuse an order because it is unreasonable. In addition, as mentioned above,
Chapter 2 of Part 9 sets out the circumstances in which fixed-term occupation
contracts can end without a possession claim.
WHAT ABOUT EXISTING TENANCIES AND LICENCES?
Existing tenancies and licences (unless specifically excluded by the Act) on a date
to be specified by Welsh Ministers will become either a secure contract or a
standard contract. In addition, Schedule 12 provides further information on how
to determine whether converted contracts are secure or standard contracts. The
fundamental provisions set out in the Act will become incorporated as terms of the
occupation contract. The supplementary provisions as set out in the Act will
become incorporated as terms of the occupation contract, except where they are
incompatible with the existing terms. Under section 29 of the Act, the Welsh
Ministers must prescribe model written statements of contracts.
Glossary of key terms used in Part 1
Terms used Meaning
Contract-holder A person who is under an occupation contract with a
landlord.
Occupation contract Replaces the concept of ‘tenancy’. It is defined as an
agreement between a landlord and a contract-holder to
occupy a property.
Secure contract An occupation contract made with a community landlord.
Standard contract An occupation contract usually made with a private
landlord.
10. ~ 10 ~
Periodic term
standard contract
An occupation contract that has no specified end date,
and runs from week to week, or month to month
depending on how the rent is calculated.
Fixed term contract An occupation contract granted for a specified period and
expiring on a fixed date.
Fundamental
provisions or terms
Terms that must be included in the contract or may be
included or modified if the landlord and contract-holder
agree.
Supplementary
provisions or terms
Terms of an occupation contract that are negotiated by
the landlord and contract-holder.
Deposit fee or
Security
Money paid to make sure the property is kept for the
contract-holder.
11. ~ 11 ~
Part 2 – Termination, Possession proceedings and Defences
This part will provide a detailed description of the steps a landlord can take to end
a contract and regain a property from a contract-holder, referred to as termination
and possession proceedings under the 2016 Act. An important point to make is that
some of the steps that can be relied upon by the landlord to end a contract and
regain a property apply to all occupation contracts whereas some apply to either
secure occupation contracts or to standard occupation contracts.
a.) All Occupation Contracts
The landlord can seek a court order for recovery of possession of the property from
the contract-holder based on several grounds listed in chapter 9, section 205 such
as:
breach of contract – this is a discretionary ground for possession; the court
may not make an order for possession on this ground unless it is reasonable
to do so; e.g. according to Schedule 10, the court will consider the following:
the effect of the order on the contract-holder and on any other
occupiers of the property;
the effect of not making an order on the landlord’s interest;
the nature, frequency or duration of the breach; and
the degree to which the contract-holder is responsible for the breach
abandonment of dwellings - can be relied upon by the landlord if he had
given notice to the contract-holder stating his beliefs that the contract-
holder had abandoned the property;
estate management grounds – this is also a discretionary ground. It refers to
where the landlord wants to demolish or rebuild the building or carry out
work on part of it.
Types of estate management grounds:
Estate management grounds Meaning
Redevelopment grounds The landlord can use this ground if
he/she intends to rebuild or
demolish the building or part of it.
Special accommodation grounds This ground involves housing
suitable for physically disabled
12. ~ 12 ~
people, people with special needs,
persons’ with circumstances that
make it difficult to satisfy his/her
need for housing, and charity.
Under-occupation grounds This ground provides for persons’
who inherit the property from a
contract-holder and joint contract-
holders.
When considering estate management grounds, according to Schedule 10, the
court will look at the effect of the order on the contract-holder and on any other
occupiers of the dwelling. The court may also consider whether suitable alternative
accommodation is available to the contract-holder.
In addition, according to Schedule 11, the court will determine whether the
accommodation is reasonably suitable for the needs of the contract-holder and his
family. Also, whether a certificate of the local housing authority ensuring that the
authority will provide alternative accommodation to the contract-holder is enough
evidence that a suitable alternative accommodation is available. If the landlord is a
private landlord, the court may consider whether the extent and the rent payable
for the alternative accommodation is similar to the accommodation provided by
community landlords for comparable persons;
b.) Secure Contracts
They can be ended by the contract-holder giving 4 weeks’ notice to the
landlord that he/she will give up the property on a specified date. Where the
contract-holder fails to give up the property, the landlord can seek a
possession order from the court to remove the contract-holder from the
property - this is an absolute ground which means that the claim will succeed
so long as the court is satisfied that it is made out and the contract-holder
cannot establish a defence under his convention rights. A convention right is
the contract-holder’s right to respect for private and family life.
However, the contract-holder may make an application to the county court
for a review of the landlord’s decision to make a claim and the court may
quash or confirm the decision;
Before making a possession claim the landlord must give notice specifying
the grounds of seeking possession to the contract-holder; and
13. ~ 13 ~
The notice would no longer have effect if, before the end of the contract, the
contract-holder withdraws the notice by another notice, and the landlord
does not object to the withdrawal in writing before the end of a reasonable
period.
c.) Standard Contracts
1. Periodic Standard Contracts
i. Termination of a periodic standard contract on the Landlord’s notice
Similar to secure contracts, periodic contracts can be ended by the contract-holder
giving notice to the landlord. Failure to give up on the property is an absolute
ground that the landlord can rely upon when seeking a court order – this means
that the claim will succeed so long as the court is satisfied that the ground is made
out and the contract-holder cannot establish a defence under his convention rights.
The ground is subject to review by the county court.
However, the landlord also has the right to end the contract by giving a two months’
notice to the contract-holder that he/she must give up possession of the property
on a specified date.
ii. Grounds of serious rent arrears
Where a contract-holder falls behind on his/her rent payment, the landlord has the
right to make a possession claim. This is an absolute ground which provides that
the court will allow an order of possession if there is evidence that the contract-
holder was seriously in rent arrears and the contract-holder could not establish any
defence. This ground is subject to review by the county court under section 218.
However, there are restrictions on a landlord under a periodic standard contract;
e.g. after giving a possession notice, the landlord must wait for 14 days starting
with the day of notice before making a possession claim.
2. Fixed Term Standard Contracts
i. Termination on Landlord’s notice
The landlord has the right to end a fixed term standard contract, before or on the
last day of the term of the contract. He/she must give the contract-holder a notice
to give up possession of the property not less than six month after the occupation
contract was made. The landlord has the right to seek a court order, on the ground
that he/she has served the notice in connection with the end of the fixed term. This
is an absolute ground therefore the court must make a possession order if it is
14. ~ 14 ~
satisfied that it was made out and that no Convention rights were established by
the contract-holder.
ii. Serious rent arrears
Similar to the periodic standard contract, the landlord has the right to seek a court
order if following his/her notice, the contract-holder fails to leave the property on
the specified date. This is an absolute ground therefore the court must allow the
order of possession if it is satisfied that contract-holder has fallen behind on his/her
rent payment and the landlord has given him/her a notice to this effect. The court
must also be satisfied that no convention rights were established by the contract-
holder.
A fixed term standard contract may contain a “break clause”, which enables the
contract holder or the landlord to end the contract before the end of the fixed term.
If the contract-holder wishes to rely on the contract-holder break clause, he/she
must give not less than four weeks’ notice to the landlord specifying an end date.
However if the landlord wishes to rely on the landlord break clause, he/she must
give not less than two months’ notice starting from the day after the notice was
given to the contract-holder.
Possession Claim against contract-holder where there is a sub-holder
A sub-holder is a contract-holder under an occupation contract made with another
contract-holder, who then becomes the sub-holder’s landlord. The landlord of the
contract-holder is called a “head landlord”.
Flow Chart 1 - Sub-occupation contract.
HEAD LANDLORD -
Under a head
contract
CONTRACT-HOLDER -
Becomes the landlord
once he/she enters
into a sub-occupation
contract with a sub-
holder.
SUB-HOLDER
15. ~ 15 ~
When the head landlord wishes to end the head contract, he has to give a notice
of possession intention to the sub-holder. When making a possession claim, the
head landlord may make an extended possession order against the sub-holder.
Flow Chart 2 - Termination of a sub-occupation contract
Defences to Termination or Possession Claims
The defences to a termination or possession claim are similar to the previous law,
except for a few additional defences:
Improper Notice – the landlord cannot give a termination notice to the
contract-holder within or before the end of four months’ of the occupation
contract date;
if the landlord failed to provide the contract-holder with a written
statement of contract when the contract was made, he/she is
restricted to a six months’ period before being entitled to give the
contract-holder a termination notice;
The landlord’s breach of security and deposit requirements - the contract-
holder may also apply to the court for remedies to the landlord’s failure to
give required notice of possession; and
Retaliatory possession claim - a secure contract-holder may claim before the
court that the possession claim made by the landlord is a retaliatory
possession claim; this means that the landlord is merely trying to avoid
obligations to keep dwelling fit for human habitation and in repair.
Glossary of terms used in Part 2:
Terms used Meaning
head contract an occupation contract that gives rise
to a sub-occupation contract
HEAD LANDLORD
Notice of possession
SUB-HOLDER
Extended possession
16. ~ 16 ~
head landlord a landlord under the head contract
sub-occupation contract an occupation contract made with the
landlord who is a contract-holder under
a head contract
sub-holder a contract-holder under a sub-
occupation contract
joint contract-holder where two or more contract-holders
are under an occupation contract
17. ~ 17 ~
Part 3 – Repairs
Unlike the previous legislation (see more information in Part 3 of the main tool kit),
the 2016 Act does not divide the rights and obligations of secure and standard
contract-holders/community and private landlords to repair and make
improvements to a rented property. The law was simplified therefore the rights
and obligation set out in Part 4 Chapter 2 of the 2016 Act is applicable to all secure
contracts, all periodic standard contracts and all fixed-term standard contracts
made for a term of less than seven years.
An important feature of the 2016 Act is that it does not impose an obligation on
landlords to make improvements to the property, the main focus being on their
general obligations to carry out repairs.
The terms of all contracts will include the following obligations:
to keep the property ‘fit for human habitation’; the Welsh Ministers will
provide the circumstances for determining whether a dwelling is fit for
human habitation;
to repair the structure and the exterior of the building (including drains,
gutters and external pipes) and the service installation in the property
(water, gas, electricity, for sanitation, for space heating or for heating water);
if the property forms part only of a building, the landlord is to keep the
structure and exterior of any other part of the building (drains, gutters and
external pipes) in which the landlord has an estate or interest and the service
installation which directly or indirectly affects the building;
to repair the damage caused by works done on his behalf; and
if there is a breach of these terms, the contract-holder can sue the landlord
and the court can order the landlord to perform his obligations.
However, there are limits to these obligations:
a landlord does not have to repair the building in case of damage caused by
fire, storm or other inevitable accident;
the standard of repair must be reasonable; in determining the standards of
repair, the courts must consider the age and character of the building and
the period during which the property is likely to be available for occupation
as a home;
18. ~ 18 ~
the landlord does not have to carry out repairs unless the failure affects the
contract-holder’s enjoyment of the dwelling; and
he is not required to repair any damage caused by contract-holders;
he does not have to keep in repair anything which the contract-holder is
entitled to remove from the property;
a landlord’s obligations for repair arise only when he is given notice that
repairs are necessary. Once he is aware, he must do it within a reasonable
amount of time. He has the right to enter the property at any reasonable
time to inspect its condition and state of repair or carry out the repairs that
are needed but he must give 24-hour notice.
Another new important feature is the contract-holder cannot be sued for causing
damage that destroys the value of the property. Furthermore, he/she does not
have to use the premises in a ‘tenant-like manner’. This means that the contract-
holder does not have to take proper care of the property by doing the little jobs
which can reasonably be expected of him/her such as unblocking drains, having
chimneys swept, mending fuses etc. and he/she does not have to ensure that his
visitors do not damage the property.
19. ~ 19 ~
Part 4 – Additional Resources
An additional piece of legislation relevant to tenants threatened with homelessness
is the Housing (Wales) Act 2014, which received Royal Assent on 17th
of September
2014.
Registration and Licencing
The 2014 Act creates a compulsory registration and licensing scheme for all private
rented sector landlords and letting and management agencies. This means that
landlord and those dealing with the property on his behalf must be registered and
licenced. If the landlord fails to obtain a licence allowing him to manage the
property, he will have to pay a fine. A similar consequence arises when he appoints
an unlicensed agent. These failures may also lead to the Tribunal making a ‘rent
stopping order’ which will stop the rent or part of the rent owed by the tenant to a
landlord. The tribunal will revoke the order if the landlord obtains a licence.
In addition, a tenant can apply to a Tribunal for a rent repayment order. If his
application is successful, the Tribunal will require the landlord to pay the tenants
such an amount as mentioned in the order. (See sections 28-33)
Homelessness
The 2014 Act also create a fundamental reform to homelessness:
it imposes certain duties on local authorities to help secure accommodation
for homeless people or for those threatened with homelessness;
according to Part 2 of the 2014 Act, homelessness prevention services will be
available to all households who are in danger of losing their home within 56
days even those with no local connection and who do not fit any of the
‘priority need’ categories (priority need includes pregnant women,
dependent children, someone vulnerable as a result of old age, persons’ with
mental illness, and physically disabled persons).
This means that once a tenant is threatened with homelessness within 56 days of
this occurring, he/she can seek help from a local housing authority. The local
housing authority has to take the following steps to assist the individual:
20. ~ 20 ~
1. The local housing authority will consider whether or not it is reasonable for
the contract-holder to continue to occupy the accommodation; the general
circumstances of each case will be taken into account;
2. Schedule 2 provides information on the eligibility of help
3. The local authority must carry out an assessment of the applicant’s case:
The reasons why the person is threatened with homelessness, the
person’s housing needs, the support needed by the person or those
with whom they might reasonably be expected to live to retain
accommodation
4. The applicant will receive a notice in writing of the outcome of the
assessment;
5. The authority may help with information and advice, mediation, payment of
grant or loan, help managing debt and accommodation;
6. If the applicant is threatened with homelessness and is eligible for help, the
local housing authority must ensure that the accommodation will continue
to be available for the applicant’s occupation.
Under section 66 of the 2014 Act, the local housing authority has a duty to help
prevent a person threatened with homelessness, from becoming homeless.
However, there are circumstances in which the duty under section 66 might come
to an end, e.g. when the applicant failed to co-operate with the housing authority;
however, the applicant can request a review of the decision made under Chapter 2
in relation to his or her case (See section 86 for more information on the review
procedure).
Gipsies and travellers
In addition, sections 101-103 provides for the duty of the local housing authority to
assess and meet the accommodation needs of gypsies and travellers. This includes
carrying out an assessment of their accommodation needs every 5 years, providing
mobile homes, work space, and facilities (section 103).
An important feature of this provision is that under section 109, the Welsh Minister
have the power to amend the definition of gypsies and travellers given in section
108.
21. ~ 21 ~
Standards for social housing
The law governing social housing was also amended under the 2014 Act in some
key areas, relating to fully mutual housing associations and assured tenancy
(including assured shorthold tenancies): the latter was changed by the Renting
Homes Act 2016.
i. Amendment of Schedule 1 of the Housing Act 1988
Under Part 6 of the 2014 Act, provision is made for fully mutual housing
associations (which include co-operative housing associations) to be able to grant
assured tenancies. This means that fully mutual housing associations can grant
assured and assured shorthold tenancies so that their members may benefit from
the statutory protection that these tenancies provide under the Housing Act 1988.
ii. Amendment of Schedule 2 to the Housing Act 1988
An additional ground for possession of an assured tenancy granted by a fully mutual
housing association is included. This added section inserts a ground that the fully
mutual housing association has defaulted on a mortgage of a dwelling-house in
Wales.
However, this ground can only be used were the association gives the tenant a
notice of the application of this ground, before the tenancy is granted.
Additionally, social housing will no longer be the main way of assisting people out
of crisis, as the types of help offered by local authorities are changing. Local housing
authority has the power to discharge their homelessness duties with an offer of
privately rented accommodation.
Generally the 2014 Act provides the following amendments:
Table 2:
Sections Provisions
Sections 55-57 Ensures greater emphasis on what constitutes
homelessness and accommodation available for
occupation.
Section 58 It ensures greater protection for victims of abuse,
domestic abuse, adopted children, and children in
households who are found to have caused their own
homelessness.
22. ~ 22 ~
Sections 60, 62 and
66
Provide further duties imposed on local authorities when
dealing with people threatened with homelessness.
Section 64 It lays down the steps by which a local housing authority
may secure suitable accommodation for applicants. E.g.
mediation, loans, information and advice etc.
Section 70 and
Schedule 2
It provides the list of persons who have a priority need for
accommodation e.g. pregnant women, disabled people,
victims of abuse, vulnerable applicants, former prisoners
etc.
Sections 73 and 75 Creates the duty to help to take reasonable steps to secure
accommodation for eligible and homeless applicants and
the duty to secure accommodation to those in priority
need when the duty under section 73 ends.
Sections 77 and 78 Ensures the ability of local authorities to offer secure
accommodation through the private rented sector, and
provides more information on becoming ‘intentionally
homeless’.
Sections 92 and 95 Improves co-operation between organisations such as
Registered Social Landlords, the Housing Associations, and
private landlords with local authorities to ensure that they
help applicants.
23. ~ 23 ~
Appendix: Flow Chart of Occupation Contract
OCCUPATIONCONTRACTS
STANDARD
CONTRACT
(issued by
Private
Landlords)
FIXED
STANDARD
CONTRACT
FUNDAMENTAL TERMS - includes: the landlord's
obligation to keep the property in good state of
repair; he must provide the contract-holder with
a written contract; See Chapters 1-5 of Part 7
and Schedule 1; variation of such terms is
limited - Chapter 3, Part 7.
Supplementary and additional terms apply.
PERIODIC
STANDARD
CONTRACT
FUNDAMENTAL TERMS: Similar to fixed
standard contracts, with some exceptions; See
Chapters 1-4 of Part 6 and Schedule 1; limits on
variation: Chapter 3 pf Part 6.
Supplementary and additional terms apply.
FEATURES: must be written; must include - the property,
the occupation date, the rent etc; can be varied,
transferred or ended; must mention whether it is for a
fixed or periodic term; if it is for a fixed term, the term
for which it is made.
SECURE
CONTRACT
(issued by
Community
Landlords)
FEATURES: They have no end date; must be
written; must include: the proerty, the
occupation date, the amount of rent etc; can be
varied, transferred or ended.
FUNDAMENTAL TERMS - that automatically
become terms of the contract: the right to take
on a lodger; the landlord's obligation to keep the
property in good state of repair; See chapters 1-
6 of Part 5 and Schedule 1 of the 2016 Act;
These terms can undergo limited changes -
Chapter 2 of Part 5 of the 2016 Act
SUPPLEMENTARY TERMS: set out in Regulations
made by the Welsh Ministers under section 23
of the 2016 Act; the contract-holder and the
landlord may agree not to include a
supplementary provision in the contract
ADDITIONAL TERMS: agreements between the
landlord and the contract-holder relating to
other matters which cannot be found in the
2016 Act