Striking a Statutory Balance: Constant Change in Residential Leases Versus Static Change in Commercial Leases

Heffron, R. and Haynes P. (2012) Striking a statutory balance: constant change in residential leases versus static change in commercial leases, "The Conveyancer and Property Lawyer Journal" 76(3) 195-206

12 Pages Posted: 3 Sep 2014

See all articles by Raphael Heffron

Raphael Heffron

Prof.; Queen Mary University of London

Paul Haynes

Royal Holloway, University of London; Royal Holloway, University of London

Date Written: 2012

Abstract

This paper provides a critical analysis of the reasons why the statutory code governing commercial leases has remained static when compared to those in the residential sector in the UK. Further it examines how far and in what ways the more recent additions and initiatives have altered or improved the law. The paper examines the degree to which there has been a political unwillingness to use legislation in the area, and examines the effort that has been made to simplify the process. The paper suggests that legislation has aimed at protecting the financial position of the tenant and in particular aiding the small business with limited access to legal resources, while also facilitating a market that has been changed by economic conditions, encouraging flexibility and adaptation. Recent initiatives that have involved a combination of legislation and a voluntary code to encourage self regulation are also examined, including that which encourages short term leases due to transaction cost increases for longer term leases.

Keywords: statutory code, residential sector, commercial sector, regulation, UK

Suggested Citation

Heffron, Raphael and Heffron, Raphael and Haynes, Paul and Haynes, Paul, Striking a Statutory Balance: Constant Change in Residential Leases Versus Static Change in Commercial Leases (2012). Heffron, R. and Haynes P. (2012) Striking a statutory balance: constant change in residential leases versus static change in commercial leases, "The Conveyancer and Property Lawyer Journal" 76(3) 195-206 , Available at SSRN: https://ssrn.com/abstract=2490567

Raphael Heffron

Prof. ( email )

Centre for Commercial Law, Queen Mary University o
67-69 Lincolns Inn Fields
London, WC2A 3JB
United Kingdom
441786467287 (Phone)

HOME PAGE: http://www.law.qmul.ac.uk/staff/heffron.html

Queen Mary University of London ( email )

Mile End Road
London, London E1 4NS
United Kingdom

Paul Haynes (Contact Author)

Royal Holloway, University of London ( email )

Royal Holloway
University of London
Egham, TW200EX
United Kingdom

Royal Holloway, University of London ( email )

Egham Hill
Egham
United Kingdom

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