A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord . Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property .
61-703: The Birmingham EcoPark is an environmental education centre in the Small Heath area of Birmingham , England , operated by the Wildlife Trust for Birmingham and the Black Country . Each year there are thousands of visitors to the site. EcoPark offers opportunities for families, schools and local residents of all ages to get hands on with nature. 52°28′20″N 1°49′47″W / 52.472201°N 1.829696°W / 52.472201; -1.829696 This West Midlands location article
122-406: A cross-country and road-racing club, they also participated in track and field athletics , and during the summer months the athletes were allowed to train on the football pitch. Birmingham received its city charter in 1889, the club was renamed Birmingham City Football Club in 1943. Eventually the ground proved too small for the football club's needs, and rising rents forced the development of
183-406: A glacial drift of sand, gravel, and clay, resulting in a heathland that provides adequate grazing for livestock. The land, therefore, seems to have developed as a pasture or common land, on which locals could graze their animals. However, the site lies directly on the route between Birmingham and Coventry , and so was probably used by drovers transporting animals to and from the two cities, and
244-543: A tenancy where a property is let (rented) periodically such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting . The leaseholder can remain in occupation for a fixed period, measured in months or years. Terms of the agreement are contained in a lease , which has elements of contract and property law intertwined. Laws governing landlord–tenant relationships can be found as far back as
305-493: A mainline railway station and many bus routes to other parts of the city. The 60 bus (operated by National Express West Midlands) serves Small Heath and runs from the city centre of Birmingham along Coventry Road, heading towards Cranes Park. Furthermore, the 8C Inner Circle also travels through the area, along with the 27 that passes the Birmingham City stadium, before heading towards Bordesley Green along Green Lane. In
366-420: A negotiated price as long as both parties agree upon the deal. Depending on the laws in force in a particular jurisdiction, different circumstances may legally arise where a tenant remains in possession of property after the expiration of a lease. A periodic tenancy , also known as a tenancy from year to year , month to month , or week to week , is an estate that exists for some period of time determined by
427-610: A new stadium. The club built a new stadium nearer the city centre, St Andrew's . The last game at Muntz Street was played on 22 December 1906, when Birmingham beat Bury 3–1 in the First Division in front of some 10,000 spectators. St. Andrews hosted its first game in December 1906. Within months the Muntz Street had been demolished, the land cleared and housing built in what became Swanage Road; no plaque commemorates
488-473: A process of production dispersal throughout Britain, through the shadow factory scheme. There are two large supermarkets , Asda and Morrisons and the outdoor pursuits centre Ackers Trust . There is also a business park that is home to the former Birmingham Cable Company (now Virgin Media ), the international CADCAM company Delcam and kitchen appliance repair specialists Repaircare . In recent years,
549-524: A residential tenancy, offering a person a place to live, and a business tenancy , where premises are occupied for business purposes. There may be different statutory provisions for residential and business tenancies, for example in the UK's Landlord and Tenant Act 1954 , Part I (now largely superseded) dealt with residential tenancies and Part II dealt with business tenancies. A "fixed-term tenancy" or tenancy for years lasts for some fixed period of time. Despite
610-417: A tenant is condemned under the government's power of eminent domain , the tenant may be able to earn either a reduction in rent or a portion of the condemnation award (the price paid by the government) to the owner, depending on the amount of land taken, and the value of the leasehold property. With a partial taking of the land, the tenant may claim apportioned rent for property taken. For example, suppose
671-477: A tenant leases land for six months for ¤ 1,000 per month, and that two months into the lease, the government condemns 25% of the land. The tenant will then be entitled to take a portion of the condemnation award equal to 25% of the rent due for the remaining four months of the lease—¤1,000, derived from ¤250 per month for four months. A full taking , however, extinguishes the lease and excuses all rent from that point. The tenant will not be entitled to any portion of
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#1732787657394732-407: A tenant wrongfully holds over past the end of the duration period of the tenancy (for example, a tenant who stays past the expiration of his or her lease). In this case, the landlord can hold over the tenant to a new tenancy, and collect rent for the period the tenant has held over. A tenancy at sufferance may exist when a tenant remains in possession of property even after the end of the lease, until
793-483: A very high price to buy out the lease. This has caused some recently built homes to be complicated to sell. In 2017, the British government launched a consultation on legal reforms to end such exploitative schemes. Scotland has different laws, and under Scots Law it has been forbidden by statute since 1974 to create a lease of a dwelling lasting longer than 20 years or to grant any other lease of over 175 years. In
854-494: Is a stub . You can help Misplaced Pages by expanding it . Small Heath, Birmingham Small Heath is an inner-city area in south-east Birmingham , West Midlands , England situated on and around the Coventry Road about 2 miles (3 km) from the city centre. Small Heath, which has been settled and used since Roman times, sits on top of a small hill. The slightly elevated site offers poor agricultural land, lying on
915-407: Is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and after that held for an indeterminate length of time, and also differs from
976-629: Is home to Birmingham City Football Club 's St. Andrews stadium . The section of Coventry Road running through Small Heath formed part of the main A45 route from Birmingham to Coventry , until bypassed to the south by a dual carriageway opened in January 1985. It is served by Small Heath railway station on the North Warwickshire Line . The Grand Union Canal also passes through the area. Local transport connections are very good, with
1037-622: Is part of the Birmingham Hodge Hill and Solihull North constituency (formerly Birmingham Hodge Hill , until 2024), which is held by Labour MP Liam Byrne . The constituency has a high proportion of people of South Asian and Middle Eastern origin, and this section of the community has historically supported the Labour Party but in recent years the Conservatives and Liberals Democrats have increased in votes. In
1098-577: Is to provide the premises in a habitable condition —there is an implied warranty of habitability. If landlord violates either, the tenant can terminate the lease and move out, or stay on the premises, while continuing to pay rent, and sue the landlord for damages (or withhold rent and use breach of implied warranty of habitability as a defense when the landlord attempts to collect rent). The lease also includes an implied covenant of quiet enjoyment – landlord will not interfere with tenant's quiet enjoyment. This can be breached in three ways. Under
1159-564: Is year to year; otherwise, the tenancy lasts for the same length of time as the duration under the original lease. In either case, the landlord can charge a higher rent, if the landlord, before the expiration of the original lease, has notified the tenant of the increase. Simply leaving property behind on the premises does not constitute possession; thus, a tenancy at sufferance cannot be established. E.g., Nathan Lane Assocs. v. Merchants Wholesale , 698 N.W.2d 136 (Iowa 2005); Brown v. Music, Inc. , 359 P.2d 295 (Alaska 1961). In some jurisdictions,
1220-583: The Code of Hammurabi . However, the common law of the landlord-tenant relationship evolved in England during the Middle Ages . That law still retains many archaic terms and principles pertinent to a feudal social order and an agrarian economy , where land was the primary economic asset and ownership of land was the primary source of rank and status. The tenancy was essential to the feudal hierarchy after
1281-545: The Muntz Street stadium, which rented for an initial £5 a year from the family of Sam Jessey, a Small Heath player. The field had a capacity of 10,000 spectators and was bordered on two sides by developed streets, Muntz Street on the western side, Wright Street to the south; the other two sides of the enclosure adjoined farmland. Also serving as the headquarters of the Small Heath Athletic Club,
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#17327876573941342-404: The periodic tenancy , the tenancy at will , and the tenancy at sufferance . Forms no longer used include socage and burgage . When a landowner allows one or more persons, called "tenants", to use the land in some way for some fixed period, the land becomes a leasehold, and the resident- (or worker-) landowner relation is called a "tenancy". A tenant pays rent (a form of consideration ) to
1403-741: The 500 cc side-valve BSA M20 motorcycle as their preferred machine. On the outbreak of war, the Government requisitioned the 690 machines BSA had in stock as well as placing an order for another 8,000 machines. South Africa, Ireland, India, Sweden, and the Netherlands also wanted machines. The Government passed the Emergency Powers (Defence) Act 1939 on 24 August allowing the drafting of defence regulations affecting food, travel, requisitioning of land and supplies, manpower and agricultural production. A second Emergency Powers (Defence) Act
1464-518: The Coventry Road has attracted a growing increasing number of ethnic fast food restaurants. Until 1973, Small Heath was the home of the massive Birmingham Small Arms factory on Golden Hillock Road and Armoury Road, manufacturing amongst other things, bicycles , motorcycles , guns and cars including taxi cabs , dominating the local and national economy. The factory was briefly acquired by Norton Villiers Triumph following their takeover of BSA but closed down, much of it being demolished following
1525-467: The UK. The BSA factory at Small Heath was bombed by the Luftwaffe on 26 August 1940 resulting in one H.E.bomb and a shower of incendiaries hitting the main barrel mill, the only one operating on service rifles in the country, thereby causing the unaffordable loss of 750 machine tools but no loss of life. Two further air raids took place on 19 and 22 November 1940. The air raid of 19 November did
1586-455: The US, food co-ops supply tenants with a place to grow their own produce. Rural tenancy is also a common practice. Under a rural tenancy, a person buys a large amount of land, and the rural community uses it agriculturally as a source of income. The term estate for years appears to be a US term. This refers to a leasehold estate for any specific period of time (the word "years" is misleading, as
1647-575: The area was made much easier and cheaper through the extraction of the local clay, which was then locally turned into bricks. The largest local clay pit was on Cattell Road. Members of Holy Trinity Cricket Club, Bordesley had formed the Small Heath Alliance Football Club in 1875 as a way of keeping fit over the winter. After playing in Bordesley Green and Sparkbrook , in 1877 they moved to what became called
1708-603: The area, the largest in Small Heath being the Ghamkol Shariff Masjid which is also one of the largest in the UK. The district is well known for its extremely diverse Muslim community and shopping centres within one of the busiest street in Birmingham, Coventry road , home to large mosques within a proximity to each other and restaurants serving Halal food and goods mainly more busy during Ramadan. In
1769-445: The collapse of the British motorcycle industry. A business park now occupies the site whilst the remaining buildings are still used for manufacturing. On Coventry Road, many Middle Eastern and South Asian restaurants have opened, serving traditional Lebanese , Syrian , Yemeni and Pakistani dishes. Arabian cafes and supermarkets have also opened up in the area. Many mostly terraced houses were built around Small Heath towards
1830-438: The common law, the landlord had no duties to the tenant to protect the tenant or the tenant's licensees and invitees , except in the following situations: Under the common law, the tenant has a number of duties to the landlord: A tenant is liable to third-party invitees for negligent failure to correct a dangerous condition on the premise – even if the landlord was contractually liable. If land under lease to
1891-452: The condemnation award, unless the value of the lease was greater than the rent paid. In this case, the tenant can recover the difference. Suppose in the above example that the land's market value was actually ¤1,200 a month, but the ¤1,000 per month rate represented a break given to the tenant by the landlord. Because the tenant is losing the ability to continue renting the land at this bargain rate (and probably must move to more expensive land),
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1952-511: The duration of the lease could be a day, a week, a month, etc.). An estate for years is not automatically renewed. The first duty of the landlord is to put the tenant in physical possession of the land at the outset of the lease (the English and majority rule , as opposed to the American rule which only requires the tenant be given legal possession, or the right to possess); the second
2013-442: The early years, horse-drawn buses ran along the Coventry Road, linking Small Heath with the city centre and with other nearby districts. In 1882, the building of a tramline along the Coventry Road to Small Heath Park was authorised, and four years later, the Coventry Road steam tramway route was opened to a terminus near Dora Road. In the early years of the 20th century, this line was converted for use by electric trams. Small Heath
2074-529: The end of the 19th century, and over the next few decades these buildings became the residence of numerous Irish immigrants. In the 20 or so years that followed the end of World War II , the area attracted more immigrants – mostly from the Indian sub-continent. Immigrants from the West Indies also settled in Small Heath, but Pakistani immigrants, including a large majority from Azad Kashmir , were by far
2135-825: The face of the threat of imminent invasion of Britain by Nazi forces was recorded by the Chief of the Imperial General Staff Field Marshal Sir Alan Brooke, 1st Viscount Alanbrooke in his diary entries of the 1/2 July 1940. The creation of the Home Guard (initially as the Local Defence Volunteers) following Anthony Eden 's broadcast appeal to the Nation on Tuesday 14 May 1940 also created further demand for arms production to equip this new force. BSA, as
2196-430: The fixed term runs out or in the case of a tenancy that ends on the happening of an event when the event occurs. It is also possible for a tenant to give up the tenancy to the landlord, either expressly or implicitly. This process is known as a surrender of the lease. A tenancy may end when and if the tenant accepts a buyout agreement from their landlord. The landlord can offer to repurchase the property from their tenant for
2257-415: The initial capacity was raised by the addition of a wooden stand and the terracing raised to expand the capacity to around 30,000. In 1895, the football club bought the lease to the ground, which had 11 years remaining, for a sum of £275. Small Heath Athletic Club (later called Small Heath Harriers) established its headquarters at the Muntz Street ground from the club's foundation in 1891. Though primarily
2318-482: The landlord acts to eject the tenant. The occupant may legally be a trespasser at this point, and the possession of this type may not be a true estate in land, even if authorities recognize the condition to hold the tenant liable for rent. The landlord may be able to evict such a tenant at any time without notice. Action to evict will terminate a tenancy at sufferance, because the tenant no longer enjoys possession. Some jurisdictions impose an irrevocable election whereby
2379-406: The landlord treats the holdover as either a trespasser, or as a tenant at sufferance. A trespasser is not in possession; but a tenant at sufferance continues to enjoy possession of the real property. The landlord may also be able to impose a new lease on the holdover tenant. For a residential tenancy, such new tenancy lasts month to month. For a commercial tenancy of more than a year, the new tenancy
2440-527: The landlord's desire to occupy the premises himself or to demolish and redevelop the building. Leasehold land is a land holding leased to a person or company by the relevant state (as the Crown); however, all mineral rights are reserved to the Crown. There are different types of leasehold tenure from state to state. Pastoral leases cover about 44% of mainland Australia , mostly in arid and semi-arid regions and
2501-454: The landowner. The leasehold can include buildings and other improvements to the land. The tenant can do one or more of: farm the leasehold, live on it, or practise a trade on it. Typically, leasehold estates are held by tenants for a specific period of time. In England in recent years, some new homes and apartments have been sold by large housebuilders with a leasehold where the ground rent payable doubles every 10 to 25 years, with consequently
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2562-462: The lease was completed). At the end of their lease they need do nothing but continue payment of rent at the previous level and uphold all other relevant covenants such as to keep the building in good repair. They cannot be evicted unless the landlord serves a formal notice to end the tenancy and successfully opposes the grant of the new lease to which the tenant has an automatic right. Even this can only be done under prescribed circumstances, for example
2623-723: The livestock markets within each. The Coventry Road itself was first recorded in 1226, leading from the Digbeth crossing of the River Rea . At this time Birmingham was a medieval market town whilst Coventry was a major city of national importance. In 1745, the Coventry Turnpike was created with tollgates at Watery Lane (Middleway), Green Lane, and the River Cole . At Holder Road a milestone showed 105 miles (169 km) to London . The first recording of Small Heath
2684-409: The modern common law, tenancy at will can arise under the following circumstances: In a residential lease for consideration, a tenant may not be removed except for cause , even in the absence of a written lease. If a landlord can terminate the tenancy at will, a tenant by operation of law is also granted a reciprocal right to terminate at will. However, a lease that expressly continues at the will of
2745-557: The most damage, causing loss of production and trapping hundreds of workers. Two BSA night-shift electricians, Alf Stevens and Alf Goodwin helped rescue their fellow workers. Alf Stevens was awarded the George Medal for his selfless acts of bravery in the rescue and Alf Goodwin was awarded the British Empire Medal . Workers involved in the works Civil Defence were brought in to help search for and clear bodies to get
2806-562: The most significant people to settle in the area. House prices have been steadily increasing on a par with other areas within Birmingham. The total population of the area is approximately 36,898, based on 2007 estimates . The majority of residents are of South Asian origin, mainly of Pakistani (51%) while people of White British ethnicity form 22% of the population. There are also many East African residents from Somalia , Sudan and Eritrea who live in Small Heath. The majority of residents are also Muslim ; and there are many mosques in
2867-448: The name, such a tenancy can last for any period of time – even a tenancy for one week would be called a tenancy for years. In common law, the duration did not need to be certain, but could be conditioned upon the happening of some event (e.g. "until the crops are ready for harvest", "until the war is over"). In many jurisdictions that possibility has been partially or totally abolished. The tenancy will end automatically when
2928-600: The only rifle producer in Britain, had to step up to the mark and the workforce voluntarily went onto a seven-day week. Motorcycle production was also stepped up from 500 to 1,000 machines per week which meant a finished machine coming off the production line every 5 minutes. The motorcycle department workforce had been left intact in 1939 due to demand which was doubled following Dunkirk. At the same time BSA staff were providing lectures and demonstrations on motorcycle riding and maintenance to 250,000 officers and men in all parts of
2989-426: The parties have not explicitly specified a different arrangement, and where none is presumed under local or business custom, is the month-to-month tenancy. A tenancy at will or estate at will is a leasehold such that either the landlord or the tenant may terminate the tenancy at any time by giving reasonable notice. It usually occurs in the absence of a lease , or where the tenancy is not for consideration . Under
3050-462: The plant back into production. The net effect of the November raids was to destroy machine shops in the four-storey 1915 building, the original 1863 gunsmiths' building and nearby buildings, 1,600 machine tools, kill 53 employees and another 50+ local residents, injured 89 (30 of them seriously), and halted rifle production for three months. The Government Ministry of Supply and BSA immediately began
3111-656: The recent years, residents have shown their frustration with Labour for not listening to residents concerns. Saqib Khan and Shabina Bano are the current councillors for the ward, they were elected in 2022. In the BBC One series Peaky Blinders , Small Heath is the home base of the Shelbys and core members of their gang, the Peaky Blinders . The BBC Three series Man Like Mobeen is set in Small Heath, with references to Smethwick . Leasehold Leasehold
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#17327876573943172-519: The road you find a melting pot of a large East African presence (mostly Somali and Sudanese ) with chains like Dahabshill as well as Yemeni restaurants and Kashmiri street food. There are several parks and green spaces in the suburb, of which the largest (Small Heath Park – formerly known as Victoria Park) occasionally hosts festivals. An episode of Charlie's Garden Army featured a permanent installation in Small Heath Park. Small Heath
3233-460: The same route. As Birmingham developed, the wealthy began to look for space outside the crowded inner city. Small Heath, a green site close to and within a fast developing city, began to be developed from 1834 when large houses first appeared east of the Small Heath between Green Lane and Grange Road. The next developments were mainly terraced housing estates laid out for the working classes as far as Charles Road. The development of properties in
3294-580: The site, but the street of the same name remains. By the outbreak of World War II , BSA Guns Ltd at Small Heath was the only factory producing rifles in the UK. The Royal Ordnance Factories would not begin production until 1941. BSA Guns Ltd was also producing .303 Browning machine guns for the Air Ministry at the rate of 600 guns per week in March 1939 and Browning production was to peak at 16,390 per month by March 1942. The armed forces had chosen
3355-490: The statute Quia Emptores prohibited subinfeudation (the creation of new feudal estates by existing feudal landholders) in the late 13th century; a lord would own land, and the tenants became vassals . Leasehold estates can still be Crown land today. For example, in the Australian Capital Territory , all private land "ownerships" are leaseholds of Crown land. A distinction may be made between
3416-412: The tenant ("for as long as the tenant desires to live on this land") does not automatically provide the landlord with a reciprocal right to terminate, even for cause. Rather, such language may be construed to convey to the tenant a life estate or even a fee simple . A tenancy at will terminates by operation of law , if: A tenancy at sufferance (sometimes called a holdover tenancy ) is created when
3477-573: The tenant has a legal right to remain in occupation of the premises after the end of a lease unless the landlord complies with a formal process to dispossess the tenant of the property. For example, in England and Wales , a business tenant has a right to continue occupying their demise after the end of their lease under the provisions of sections 24–28 of the Landlord and Tenant Act 1954 (unless these provisions were formally excluded by agreement before
3538-399: The term of the payment of rent. An oral lease for a tenancy of years that violates the statute of frauds (by committing to a lease of more than—depending on the jurisdiction—one year without being in writing) may create a periodic tenancy, the construed term being dependent on the laws of the jurisdiction where the leased premises are located. In many jurisdictions the "default" tenancy, where
3599-752: The tropical savannahs . There are three types of leasehold tenure in Australia: All land in the Australian Capital Territory (ACT) is leasehold, issued with 99-year leases . The rent on the leases was abolished by the Gorton government in 1970, with the leasehold system now "almost identical in operation" to the freehold tenure typical of residential properties in other Australian jurisdictions. Australian residential tenancies differ from state to state, governed by local legislation. Modern leasehold estates in England and Wales can take one of four forms—the fixed-term tenancy or tenancy for years ,
3660-670: Was noted in 1461, which term applied to a narrow heath between Green Lane and the Coventry Road, where the baths and library were built later. The 1799 opening of the Warwick and Birmingham Canal (now the Grand Union Canal ), from Digbeth to Warwick , defined the southern edge of this scattered rural community. In 1852, this definition was enforced with the opening of the Isambard Kingdom Brunel designed Birmingham and Oxford Junction Railway , which follows
3721-538: Was passed on 22 May 1940 allowing the conscription of labour. The fall of France had not been anticipated in Government planning and the encirclement of a large part of the British Expeditionary Force into the Dunkirk pocket resulted in a hasty evacuation of that part of the B.E.F following the abandonment of their equipment. The parlous state of affairs "no arms, no transport, no equipment" in
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