Talk:Leasehold estate

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This article incorporates text from the Encyclopædia Britannica Eleventh Edition, now in the public domain.
Peer review Leasehold estate has had a peer review by Wikipedia editors which is now archived. It may contain ideas you can use to improve this article.

Contents

[edit] Attribution

Information in the "Tenancy at will" section was originally written by SteveHFish; moved here with merger of various forms of tenancy into one article. Other information on this page was moved here from the original "Tenant" article, and was written by Kappa, Mydogategodshat, OwenBlacker, and Pedant17. -- BD2412 talk 05:40, 2005 Jun 15 (UTC)

[edit] Tenancy at sufferance / trespass

You can make an argument that a tenant at sufferance is not technically a trespasser, because at the start of the tenancy the entry on to the property was lawful...

see Adrian Bradbrook, Susan MacCallum and Anthony Moore, Australian Real Property Law (3rd ed, 2002) [12.13].


[edit] Assured Shorthold Tenancy

Where does this common UK form of letting come into it?

Most residential property is let via a AST and most buy to let lenders require it as a matter of course.

On a related thought: What's the difference between letting and leasing anyway?

Simon West 20:04, 21 November 2005 (UTC)

[edit] Peer review comments

Several months ago, I consolidated two groups of articles into comprehensive articles on these relative concepts, then tweaked and expanded from there. It has occurred to me that these might be on the path to being featured articles, and could benefit from peer review. I present them together because the style and organization is prety much the same for both, so I assume they share the same faults. BD2412 T 23:03, 23 December 2005 (UTC)

Yup. They share the same faults.
  1. Insufficient lead text in one,
  2. sections are lopsided. Balance the content in sections and avoid the usage of subheadings as far as possible.
  3. Are these specifically US laws?
  4. No references
  5. No images
  6. External links are formatted incorrectly.

=Nichalp «Talk»= 11:44, 28 December 2005 (UTC)

[edit] Leasing

This is in comparison such an excellent article that its authors could surely improve the much too theoretical approach and legalese on leasing. In addition, there is repetition, overlapping, and confusion between it and this article and rental agreement. --Espoo 08:55, 26 August 2006 (UTC)

[edit] "fixed-term tenancy" more common than "tenancy for years"?

http://tenant.landlordandtenant.org/becomingtenantfacts/types.aspx

http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-Tenants-Lease+Agreements?OpenDocument&1=910-Renting~&2=10-Tenants~&3=30-Lease+Agreements~

http://www.lectlaw.com/files/lat09.htm

http://www.lectlaw.com/files/lat07.htm - this BTW has tenancy-at-will as a synonym of and instead of periodic lease, which the present article claims is a different thing! --~~

[edit] Merging Leasehold here

Apparently this has been suggested, but I'm not sure it's a great idea. Leasehold in general is to be contrasted with, say, freehold; it's a legal concept concerning whether the land belongs to the owner of the title in perpetuity (freehold), or for a certain amount of time and then reverts to the government (leasehold). Leasehold estate seems to cover leasing of real estate in general, rather than dealing with this specific concept. Johnleemk | Talk 20:06, 18 April 2007 (UTC)

[edit] A global article regarding Landlord/Tenant law?

In the USA, landlord/tenant law is relegated to the states, and there are vast differences from state to state. The concepts in this article may originate from English common law, but that doesn't mean they've been adopted in every US state. For example, LL/T law in Texas is dictated by Texas common law as well as the Texas Property Code. Moreover, some of these laws may be modified or disregarded per the terms of the lease agreement. This article is way too generic and misleading, discussing legal constructs that may or may not exist where the individual Wikipedia reader resides. Cap'n Walker 16:30, 15 August 2007 (UTC)

That's true of basically all wikipedia law articles and its a bigger and more difficult problem than just here. Francis Davey 17:25, 23 October 2007 (UTC)
See my remarks on cleanup. Francis Davey (talk) 14:00, 5 December 2007 (UTC)

[edit] Merger proposal

Initiating discussion on whether Tenancy for years should be merged here. --brewcrewer (yada, yada) 23:18, 4 December 2007 (UTC)

I agree. There's hardly anything there and some of its wrong anyway. Francis Davey (talk) 13:45, 5 December 2007 (UTC)

[edit] Merger proposal2

In the light of the above merger proposal, may I propose that Leasehold be merged here. Its a truly uninspiring article with many errors (not good for something little more than a stub) and doesn't seem to have any use as an addition to this article. Francis Davey (talk) 19:09, 18 December 2007 (UTC)

[edit] Cleanup

I propose that we clean up this article by removing jurisdiction specific material in the form of assertions that only hold in one place and that don't reflect a general or historical position. If editors know of particular rules in their own jurisdiction then I would suggest either a separate article on that jurisdiction, or a sub-section of this. Francis Davey (talk) 13:47, 5 December 2007 (UTC)

I have just carried out an example edit - basically removing a lot of extraneous material that isn't true in general. Francis Davey (talk) 13:57, 5 December 2007 (UTC)

[edit] Merger proposal3

I note that there has been a long outstanding proposed merge between Leasing and Renting. I suggest that that merge is done, and then Lease redirects here to Leasehold estate. There is *so* much cleanup work required on this subject :( DWaterson (talk) 23:48, 26 February 2008 (UTC)