|WikiProject Law||(Rated Start-class, High-importance)|
|Leasehold estate received a peer review by Wikipedia editors, which is now archived. It may contain ideas you can use to improve this article.|
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)
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].
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)
- There's no practical difference. An AST is a statutory form of tenancy (so a tenancy may be or may not be an AST). Francis Davey (talk) 10:46, 26 August 2009 (UTC)
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.
- Insufficient lead text in one,
- sections are lopsided. Balance the content in sections and avoid the usage of subheadings as far as possible.
- Are these specifically US laws?
- No references
- No images
- External links are formatted incorrectly.
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)
"fixed-term tenancy" more common than "tenancy for years"?
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! --~~
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)
- I agree. There's hardly anything there and some of its wrong anyway. Francis Davey (talk) 13:45, 5 December 2007 (UTC)
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)
a lease and a leasehold estate are two different things I disagree. —Preceding unsigned comment added by 184.108.40.206 (talk) 15:08, 12 November 2008 (UTC)
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 would also propose a 2-part division at the root level to explain both property leasing and equipment leasing. In the equipment leasing industry, there are 4 commonly described categories divided by transaction size; Large Ticket (e,g, airplanes, mining equipment), Medium Ticket (e.g heavy equipment, healthcare diagnostc equipment), Small Ticket (e.g. medical lasers, MRIs, alternate power generation), and Micro Ticket (office equipment,point-of-sale computer systems, Telecommunications). Lease agreements in these categories vary in term, but are generally contingent upon the "usable life" of the equipment that is being leased. —Preceding unsigned comment added by Matt Doty (talk • contribs) 21:32, 30 March 2009 (UTC)
- Right, but a lot of this article (and some of the others) is about the legal concepts involve in lease. What a particularl industry chooses to do is quite a different question - there's nothing very complicated about leases of chattels or movable property and it doesn't give rise to much useful law. Francis Davey (talk) 10:49, 26 August 2009 (UTC)
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)
There are too many articles covering the same subject matter. Most of them are based on a misconceived premise. There is no such thing in law as "Leasehold estate" - "estate" implies that the proprietory interest is a "real" interest, which it is not. It is a "contract" interest. Similarly, "Leasehold" is a term in common usage, without any legal basis. The proper term is "Lease". All related articles should merge into it.Ewawer (talk) 06:52, 18 July 2008 (UTC)
- There is certainly such a thing as a "leasehold estate" in English Law, indeed it is one of the two possible legal estates in land (the other being freehold). Leases were of course derived from a purely personal right, but acquired a proprietary character, hence they strictly fall into the category of "chattel real". Things may well have simplified in many US states of course. Francis Davey (talk) 00:29, 23 August 2008 (UTC)
- To 'lease' and 'rent' does not just apply to property, therefore I can only suggest you move the parts of the article appropriate from 'lease' and 'rent', but leave them open as their own topic, albeit with a qualifier saying "for leasing a property, see 'leasehold estate'", make sense? Miscreant (talk) 10:49, 13 September 2008 (UTC)
- That's true - or at least it is true now. Strictly "rent" was really only something due from a tenant to a landlord but the term is now much wider. What do you propose? That the material in Lease is all moved (almost all of it is about the leasehold estate) to Leasehold with a redirect from Leasehold estate? Or should we have a Lease (land) page? Its something it would be useful to have consensus on. Provided we have something consistent we are OK. Francis Davey (talk) 21:02, 13 September 2008 (UTC)
- Leasehold estate??????? Why on earth would we want to obfuscate a common topic like a "lease" by merging it with something that sounds as obscure as "leasehold estate"? This would be a ridiculous decision. No merge. Jason Quinn (talk) 15:00, 16 December 2009 (UTC)
Merger proposal4 - landlord-tenant law
Covenant of Quiet Enjoyment
In regards to covenant of quiet enjoyment redirecting here: since a general warranty deed also contains a covenant for quiet enjoyment, should a disambiguation page (as opposed to a redirect to here) be used instead? Dbrote (talk) 22:43, 7 June 2013 (UTC)
Effects on Tenancy - what about apartments?
This section of the article seems to deal exclusively with agricultural holdings. Not all leasehold property is agricultural - what about effects on tenants of leasehold apartment buildings (in cities, towns and some villages in UK)? (Declared interest - I am viewing a leasehold flat which is on market under a buy-to-let landlord with view to purchase.)Cloptonson (talk) 16:01, 19 March 2016 (UTC)