CURRENT PROBLEMS OF AGRICULTURAL LAND RENTAL

The article highlights one of the current problems in land relations. With the opening of the land market, this problem has become even more relevant, as the owner of the land today in the person of the landlord - is a subject not protected by the state. Some of the most important aspects of the landlord-tenant relationship will be covered in the next article. Keywords: standard contract, lease agreement, landlord, tenant, rights of the landlord, obligations of the tenant.

The Legalities of Trespass to Tenancyin Malaysia

The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which spells out the rights and obligations of both parties. Despite having the legal agreements, it has been reported that many issues arise, such as trespass committed by landlords to the tenanted property and recovering losses from the tenants who disappeared. As of today, the country has yet to enact specific legislation to deal with issues arising between landlords and tenants. Hence, in the event of any dispute, the tendency for Malaysian landlords is not to go through the legal system to settle them as it is a costly and time-consuming process. Some tenants who are aware of this legal inefficiency choose to exploit it for their benefit at the landlord’s expense. Hence, the main issues in this paper will be the possible ways in of trespass could be committed by landlords into the tenanted property, and their rights are not very well-protected, and quite often, the safety deposits collected beforehand are never enough to cover the losses. Given several lacunae, this paper analyses the on the possible or several ways in which the landlord could commit trespass into the tenanted property. Also, this paper will investigate the current Malaysian legal system to identify the current solutions available for eviction and repossession of a tenanted property. Also, this paper seeks to similar practices in Australia and the United Kingdom, which havelong-standing legislation governing tenancy issues. The research adopts doctrinal research in which secondary sources,including academicjournals, online sources,and decided cases are referred. The authors contend that contrary to the United Kingdom and the Australian legal position, there is a gap in the Malaysian law in governing landlord-tenant relationship.

CONTRATOS DE LOCAÇÃO RESIDENCIAIS EM TEMPOS DE PANDEMIA: AS INFLUÊNCIAS DA NEGOCIAÇÃO, CONCILIAÇÃO E MEDIAÇÃO COMO RESOLUÇÃO DE CONFLITOS

This scientific article has the principal goal to demonstrate the significance of settlement and mediation in the litigious procedure that involve tenant relationship, show the influences of World pandemic in the successive treaty, the rent contracts and the theory of unpredictability. To reach the goals we searched the juridical concept about referred institutes, jurisprudence about the themes, law projects and legislation in effect. The 2020 year indeed was an atypical year in the World’s population life for we are living in a pandemic that transformed the whole society habits. The Pandemic brought to us the social distancing, that was considered the most effective way to avoid the virus proliferation. However, this social distancing created several impacts on the society, mainly in the juridical area. In that impacts there are the tenant relationship, which suffered serious consequences, owing to people are not profiting anymore.Sohow can it be solved before the process that we are passing? Thereunto, we have the conclusion that the most effective and balanced method would be utilize alternative ways of conflict resolution, whatever they are, mediation and conciliation.

Remediating Racism for Rent: A Landlord’s Obligation Under the FHA

The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I illustrates how the purpose and text of the FHA and analogous civil rights provisions suggest that a landlord should be held liable for her response to tenant-on-tenant harassment. Part II analyzes the standards of liability for tenant-on-tenant harassment that currently exist in the context of the FHA. Part III argues that a negligence standard of liability best accounts for the special status of the home and the unique nature of the landlord-tenant relationship.

Commercial leases in the UK regions: business as usual?

Purpose The purpose of this paper is to analyse the changing nature of commercial leases with specific reference to the landlord and tenant relationship, lease lengths and incentivisation in the post-recessionary UK property market. Design/methodology/approach The research applies data analysis utilising the Estates Gazette Interactive database coupled with survey analysis conducted across three UK cities to investigate and compare the changing nature of the commercial property leasing market and the landlord and tenant relationship. Findings The empirical analysis highlights that recessionary conditions prevalent in the market from the 2007 global crisis has caused a reassessment of lease structures, leading to shorter lease terms and increased use of incentives, as tenants have been empowered to negotiate more flexible leases due to their stronger market position. Originality/value This paper builds upon previous research conducted back in 2005, investigating commercial leases in the market up-cycle. The recent volatility in the commercial property sector requires fresh insights and in-depth analysis of lease patterns, length and covenant strength, which is fundamental for investor decision-making. In addition, past research has tended to consider solely landlord or occupier perspectives, whereas this research offers new insight into the landlord–tenant lease negotiation process.

Rethinking "Host" and "Guest" Relations in the Advent of Airbnb and the Sharing Economy

Airbnb is one example of the “Sharing Economy” whereby owners and consumers connect to share “space, skill, and stuff” for monetary and non-monetary benefits. Although this concept is not a new one, it has garnered much attention recently due to the proliferation of internet start-ups, which, like Airbnb, connect owners and consumers both easily and efficiently. The increasing relevance of the Sharing Economy, and likely continued success of Airbnb, provides an opportunity to consider how Airbnb fits into traditional legal frameworks and evaluate whether states and municipalities should enact laws regulating Airbnb. Part II of this Article introduces the concept of the Sharing Economy, outlines different systems within it, and suggests reasons for its success as well as future implications. Part II further considers the inception of Airbnb and potential for its continued success before briefly discussing how Airbnb fits into the Sharing Economy, overall. Part III focuses on the legal relationship that is created when, using the platform Airbnb provides, individuals rent space in their homes to travelers seeking short-term accommodations. Specifically, this relationship will be considered in the context of two distinct and long-standing areas of law: landlord and tenant law and the law of innkeepers. Part III traces the historical roots and evolution of both these areas of law with particular attention paid to the different rights and obligations of the parties within each body of law. This Section provides the general framework for Part IV in which the Author argues that the relationship between Airbnb “hosts” and “guests” is not so easily defined under current law. That is, in individual cases a landlord-tenant relationship may be created, whereas in other circumstances the relationship may bear a closer resemblance to that of an innkeeper and his guest. Part IV then considers policy arguments in support of regulating Airbnb before concluding the Airbnb host and guest relationship is best understood in terms of the law of innkeepers and should be regulated accordingly.