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Capturing the benefits of common ownership: landlord and tenant law in commercial property portfolios

O'Connor, Alan William 2013. Capturing the benefits of common ownership: landlord and tenant law in commercial property portfolios. MPhil Thesis, Cardiff University.
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Abstract

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

Item Type: Thesis (MPhil)
Status: Unpublished
Schools: Law
Subjects: H Social Sciences > HB Economic Theory
K Law > KD England and Wales
Uncontrolled Keywords: Good estate management; landlord and tenant; commercial leases; user clause; alienation clause; assignment clause; assignment; subletting; covenants; fully qualified covenants; reasonableness, law and economics, derogation from grant; agglomeration effects; externalities; shopping centres; tenant mix; ADR; alternative dispute resolution
Date of First Compliant Deposit: 30 March 2016
Last Modified: 23 May 2016 01:30
URI: https://orca.cardiff.ac.uk/id/eprint/59967

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