Cultural expectations of homeownership explaining changing legal definitions of flat ownership within Britain
Robertson, Douglas
Cultural expectations of homeownership explaining changing legal definitions of flat ownership within Britain - 2006 - Housing Studies 21(1) January 2006, 35-52(18) .
Traces the evolution of the legal definition of flat ownership in England, Wales and Scotland. Following the break up of private rented flats in England and Wales and Scotland two distinct property ownership systems emerged, both seeking to provide individual ownership of the flat and collective management of the block in which the flat was contained In England and Wales leasehold ownership retained the previous landlord tenant relationship through allowing positive covenants only to be enforced on the first purchaser of a flat and not subsequent purchasers. In Scotland where outright individual ownership of a flat is legally possible, the management arrangements covering common parts of the building have not proved satisfactory. Argues that neither legal arrangements have put in place an ownership of governance regime that matches popular cultural expectations of what individual home ownership should consist. References.
LAW OF PROPERTY ACT 1925
LEASEHOLD REFORM ACT 1967
ABOLITION OF FEUDAL TENURE ETC (SCOTLAND) ACT 2000
TENEMENTS (SCOTLAND) ACT 2004
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
LANDLORD AND TENANT ACT 1987
Cultural expectations of homeownership explaining changing legal definitions of flat ownership within Britain - 2006 - Housing Studies 21(1) January 2006, 35-52(18) .
Traces the evolution of the legal definition of flat ownership in England, Wales and Scotland. Following the break up of private rented flats in England and Wales and Scotland two distinct property ownership systems emerged, both seeking to provide individual ownership of the flat and collective management of the block in which the flat was contained In England and Wales leasehold ownership retained the previous landlord tenant relationship through allowing positive covenants only to be enforced on the first purchaser of a flat and not subsequent purchasers. In Scotland where outright individual ownership of a flat is legally possible, the management arrangements covering common parts of the building have not proved satisfactory. Argues that neither legal arrangements have put in place an ownership of governance regime that matches popular cultural expectations of what individual home ownership should consist. References.
LAW OF PROPERTY ACT 1925
LEASEHOLD REFORM ACT 1967
ABOLITION OF FEUDAL TENURE ETC (SCOTLAND) ACT 2000
TENEMENTS (SCOTLAND) ACT 2004
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
LANDLORD AND TENANT ACT 1987