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Business tenant protection - For whom? For what? How? Security of tenure within UK, Swedish and Australian law
Stockholm University, Faculty of Law, Department of Law, Stockholm Centre for Commercial Law.
2017 (English)In: Australian Property Law Journal, ISSN 1038-5959, Vol. 26, no 2, p. 159-194Article in journal (Refereed) Published
Abstract [en]

Business tenants in many countries are seen to be in need of tenant protection with respect to unfair lease terms and other exploitations by landlords. Small business tenants are particularly vulnerable at the end of a lease term. Harsh and oppressive behaviour by unscrupulous landlords demanding excessive rent increases or substantial one-off fee payments as conditions for renewing business leases has historically forced many tenants to submit to landlord demands even at the risk of business failure. The purpose of providing tenants with statutory protection at the end of a lease term primarily is to balance the bargaining powers of the parties. Providing tenants with such protection reduces their risks for economic losses, affecting the balance of the parties’ bargaining powers throughout the entire lease term. A comparative perspective is used here to explore the different legal approaches and solutions to business tenant protection at the end of a lease term as found in the United Kingdom (‘UK’), Sweden and Australia. The complexity of regulating and balancing the parties’ interests, rights and responsibilities at the end of a lease term in the diverse business tenancy market is examined and analysed. Whether it is possible, feasible or even desirable to legislate tenant protection that fits all interests and purposes is a main theme in this work. A form of tenant protection is sought that at the same time is efficient and flexible. It must be efficient enough to provide protection for tenants, such as the small barber shop on the street corner, and also flexible enough to allow tenants to negotiate at arm’s-length to create and formulate the lease that they want, for example, an international retail company holding a tenancy of large prime location premises.

Place, publisher, year, edition, pages
2017. Vol. 26, no 2, p. 159-194
Keywords [en]
business leases, security of tenure, balancing of interests, consumer law, comparative law
Keywords [sv]
hyresrätt, indirekt besittningsskydd, intressavvägning, konsumenträtt, komparativ rätt
National Category
Law and Society
Research subject
Private Law
Identifiers
URN: urn:nbn:se:su:diva-151639OAI: oai:DiVA.org:su-151639DiVA, id: diva2:1174741
Available from: 2018-01-16 Created: 2018-01-16 Last updated: 2018-01-17Bibliographically approved

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Ahlinder, Elisabeth
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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf