Fleecehold
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Fleecehold
Fleecehold refers to the inclusion of onerous terms in the deeds of a freehold property or the lease of a leasehold property in the United Kingdom. The practice of fleecehold is known to be increasing in the UK, according to the results of FOI requests to the Land Registry. At a minimum, tens of thousands of houses are affected, but it is unknown how quickly the number is increasing. There have been several proposals by elected officials and campaign groups to abolish or mitigate the practice, and it has been questioned in Parliament and the devolved assemblies. A fleecehold property is usually taken to mean one that has deeds or a lease that allow a management company to impose a service charge on the householder. The service charge means that a payment must be made to the management company in return for the company performing certain items of maintenance on common land or amenities where the property is situated. This practice has obvious advantages for the local authority and ...
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Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Freedom Of Information Act 2000
The Freedom of Information Act 2000 (c. 36) is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfa ... in the United Kingdom on a national level. Its application is limited in Scotland (which has its own freedom of information legislation) to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 United Kingdom general election, 1997 general election, developed by David Clark, Baron Clark of Windermere, David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted f ...
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HM Land Registry
His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Department for Business, Energy and Industrial Strategy. HM Land Registry is internally independent and receives no government funding; it charges fees for applications lodged by customers. The current Chief Land Registrar (and CEO) is Simon Hayes. The equivalent office in Scotland is the Registers of Scotland. Land and Property Services maintain records for Northern Ireland. Purpose HM Land Registry registers the ownership of property. It is one of the largest property databases in Europe. At the peak of the property boom in 2007, £1 million worth of property was processed every minute in England and Wales. Like land registration organisations in other countries, HM Land Registry guarantees title to registered estates and interests in land. It records the ownership rights of freehold p ...
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Property Management
Property management is the operation, control, maintenance, and oversight of real estate and physical property. This can include residential, commercial, and land real estate. Management indicates the need for real estate to be cared for and monitored, with accountability for and attention to its useful life and condition. This is much akin to the role of management in any business. Property management is the management of personal property, equipment, tooling, and physical capital assets acquired and used to build, repair, and maintain end item deliverables. Property management involves the processes, systems, and workforce required to manage the life cycle of all acquired property as defined above, including acquisition, control, accountability, responsibility, maintenance, utilization, and disposition. An owner of a single-family home, condominium, or multi-family building may engage the services of a professional property management company. The company will then advertise th ...
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Landlord And Tenant Act 1985
The Landlord and Tenant Act 1985c 70 is a UK Act of Parliament on English land law. It sets bare minimum standards in tenants' rights against their landlords. Background The Landlord and Tenant Act 1985 sets out the rights and responsibilities of both landlord and tenant. Section 11 of the Act sets out who is responsible for repairing a property whilst it is being rented. The Landlord and Tenant Act 1985 refers to all short leases for residential property and tenancies agreed for a period of less than seven years i.e. Assured Shorthold Tenancies. Short leases cover periodic tenancies where the tenant has no fixed term agreement but rents the property on a weekly or monthly basis. This Act came into effect on 30 October 1985 and applies to all short leases (of less than seven years) and periodic tenancies. The Act states that where a short lease of less than seven years or periodic tenancy is in place then the landlord is responsible: 1. to keep in repair the structure and exteri ...
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Rentcharge
In English property law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents in the north west of England but the term ''ground rent'' is used in many parts of the country to refer to either a rentcharge or a rent payable on leasehold land. This is confusing because a true ground rent is a sum payable in relation to land held under a lease rather than freehold land. As a result, the first question a conveyancer or other adviser, such as the free Rentcharges Unit, will demand is information from the Land Registry, which the public can also obtain cheaply, as to whether the subjected land is freehold or held on a lease (a leasehold estate). History Rentcharge is a legal device which permitted an annual payment to be continually levied on a freehold property. A deed made with the parties' knowledge is legally effecti ...
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Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday usage, ...
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Landlord–tenant Law
Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and contract. In modern times, however, it is frequently governed by statute. In civil law traditions such as German law, the landlord–tenant relationship is governed entirely by statute, derived historically from Roman law and the ''ius commune''. History The landlord-tenant relationship is defined by existence of a leasehold estate. Traditionally, the only obligation of the landlord in the United States was to grant the estate to the tenant, although in England and Wales, it has been clear since 1829 that a Landlord must put a tenant into possession. Modern landlord-tenant law includes a number of other rights and duties held by both landlords and tenants. The modern interpretation of the tenant-landlord relationship has hinged on the view that ...
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