Assignment About Property Law

Running head- PROPERTY LAW
Property Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction................................................................................................................................2
EU and Brexit.............................................................................................................................3
European Convention of Human Rights (ECHR) within the Law of Real Property and Human
Rights Law.................................................................................................................................5
ECHR and Freedom of Contract................................................................................6
Brexit on Human Rights.............................................................................................................6
Rent Act 1977............................................................................................................................8
Housing Act 1988......................................................................................................................8
Right to Rent..............................................................................................................8
UK Nationals Rights..................................................................................................9
A threat for EU Nationals Rights.............................................................................10
Modifications to UK Regulation..............................................................................10
Land Law and Due Process......................................................................................................11
Immigrants’ Rights on Contrary Ownership and Forfeiture....................................11
Influence on EU Citizens Lasting in the UK...........................................................12
Impact on Overseas Property Owners and Buyers...................................................12
Conclusion................................................................................................................................13
Bibliography.............................................................................................................................14

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Introduction
Brexit is the exclusion of the United Kingdom from the regime of the European
Union. Ensuring a UK prevalent reform in the year 2016, in June that approximately 52%
designated to vacate and nearly 48% of the votes to endure in the EU, the UK government
proclaimed it publicly to withdraw. The removal was deferred by the stalemate in the British
parliament. Following the rules governing the general election, the government officials
endorsed the withdrawal covenant. On the day of 31 January 2020, the UK left the EU. A
negotiation period was set in order to maintain the future relationship with the countries
regarding the sociological, economic, and cultural relationship between the states. Property
law in the United Kingdom (UK) has endured fundamentally nationwide with, for the greatest
part, slight interference from the European Union (EU). As a consequence, Brexit was left
with an incomplete impression on how UK property is possessed or allocated with. In
specific, parting the EU will not influence the lawful procedures concerning ownership of the
property, especially land recording, renting, or the enchanting of safekeeping over land in the
UK1. Brexit is also improbable to have any impression on the material goods structures that
are presently in use crosswise the UK nor on their tariff effectiveness since these do not rely
on EU permissible philosophies. In relative to accomplished or undecided UK real-estate
connections, Brexit is improbable to distress the constituent of prevailing rights and
responsibilities, and any agreements or covenants that have been arrived into will continue in
full strength and consequence except detailed conclusion rights happen. Nevertheless, there
are certain insinuations of Brexit in the zone of human rights when it originates from
superseding concentration, contrary ownership, penalty, liberty to the indenture, right to
1 Epstein, Richard A. "The Role of Exit Rights: What the Theory of the Firm Says about the Conduct of Brexit
Negotiations." Cardozo L. Rev. 39 (2017): 825.

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rental and due procedure. The future position of UK commandment in these zones is
undefined, and much will be contingent on the environment of post-Brexit association with
the EU. The primary purpose of the research structure is to provide a detailed study regarding
the bill and the impacts it had upon the various economic, social, and property laws
governing in the UK.
EU and Brexit
It was the exit or the withdrawal procedure of the United Kingdom from the European
Union. The Electorate body of the UK raised the concern about the withdrawal in a
referendum on 23 June 2016. It was upon the membership of the countries. There was a
negotiation procedure required in regards to the exit consisting of the various political and
legislative concerns that might impact the withdrawal. In the year 2012, prime minister David
Cameron primarily disallowed the demands and the requests that were initiated for a
referendum upon the membership of the UK. It was suggested that the likelihood of a
forthcoming referendum to authorize his anticipated negotiations between Britain's
relationship with the other parts of the EU. In general, it was a futuristic approach so that the
relations could be maintained in terms of trade and other business with the rest of the EU. As
stated by the BBC, it was the need in order to acknowledge the position within the EU having
full support but required a lot of tactics and strategy where the implementations will be
fruitful by being patient2. On 23 January 2013, underneath the burden from many of the
ministers and the administrative, Cameron declared about the conservative government in
that shall implement and hold the referendum together by the end of the year 2017. During
the election, thus, was included in the manifesto of the Conservative party. After the results
2 Hosoe, Nobuhiro. "Impact of border barriers, returning migrants, and trade diversion in Brexit: Firm exit and
loss of variety." Economic Modelling 69 (2018): 193-204.

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of the election were in favour of the Conservative party, the referendum was introduced in the
parliament in order to proceed with the referendum. Cameron preferred enduring in a
rehabilitated EU and required negotiations upon various issues such as safeguarding the
internal markets from the EU zones, reducing the red tape freeing from Britain from, and
limiting the immigrations from the various parts of the EU. In the election held in the year
2015, the opinions were evident as the maximum poll was in favour of remaining as a part of
the EU. The consequence of the negotiations was declared in February 2016. It came with a
modified form where it limited the in-work welfares for the new EU settlers were decided,
but beforehand they could be a part as the member state of UK that required authorization
and the approval of the European Commission and the European Councils that consisted the
head of the government who shall be the member state3. The House of Commons in the year
2016, February, announced the date of the referendum as 23 June and stated about the
settlements mentioned in the negotiations. The primary purpose was to activate the procedure
of Article 50 procedure instantly followed by a Leave vote and two years in order to negotiate
the terms. The outcomes were broadcasted on 24 June, where the majority of the votes were
in favour of leaving the EU and consented on the withdrawal process, and the others wanted
to remain a part of the EU. After the declaration of the result, Cameron announced from the
position of Prime minister, and Teresa May succeeded as the Prime minister after the contest
for the leadership.
3 Susen, Simon. "Chapter Twelve NO ExIT FROM BRExIT?." Brexit: Sociological Responses (2017): 153.

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European Convention of Human Rights (ECHR) within the Law of Real
Property and Human Rights Law
Freedom of contract is grounded on the foundation that “a party to a contract is a
better arbiter of his or her interests than the legal system, and is better qualified to assess the
fairness and reasonableness of the ways chose to give effect to that interest”. The ECHR
defends the human moralities of persons in republics that fit into the Council of Europe.
Various international human rights tools habitually do not defend the sovereignty of
agreement at all or identify it in a very thin phase. Suggestions for the defence of liberty of
agreement could originate chiefly in the jurisprudence above the “article 1 of the Protocol 1”
that pledges fortification of belongings where every lawful individual is permitted to the
peaceable pleasure of his properties. In Ghigo v Malta, ECHR governed that inconsistent
regulation on the rental controller, which sternly constrained the rights of property owners to
upsurge the rent or dismiss the tenancy agreement, can be competent as a defilement of the
“right to property”4. Courts, nevertheless, misrepresent the “freedom of contract”. In Street v
Mountford, Lord Templeman recognized but did not distinguish the freedom of contract.
This is since the precise agreement as amongst entities is indeterminate. This precise as
relating to remote possessions is assured by the Composition of the government, but
boundaries may be located upon its unrestricted gratification. Where individuals are
debilitated from wide-ranging philanthropic acceptance to an indenture by motive of phase or
weakness or affectedness of creation or where the agreement itself is of such an environment
that the production of it would be disadvantageous to the communal normally, then there is
4 Mykkanen, Noora, and Tom Simcock. "The Right to Rent Scheme and the Impact on the Private Rented
Sector." Residential Landlords Association, available at: https://research. rla. org. uk/wp-content/uploads/right-
to-rent-impact-private-renting-2018. pdf (accessed 9 May 2019) (2018).

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slight hesitation of the accurate and responsibility of the administration to control or forbid5.
Indoors this ground community strategy has occupied controller, but elsewhere in the
Constitution positions to defend the inhabitant in his ordinary moralities.
ECHR and Freedom of Contract
In a post Brexit era, “Article 1 of the First Protocol” will be summoned to defend EU
privileges to perceptible and imperceptible possessions that overlay with the possibility of
“possessions” under that Article. The route, as far as the tenancy is disturbed, will have no
consequence on jurisdictional estimation. Freedom of contract would not be uncontrolled but
might be rehabilitated with an appropriate equilibrium amongst independence and communal
impartiality. Though at one hand, too robust fortification of predetermined authorization may
lead to its absolutization and can wedge improvements of secluded commandment intended at
the defence of feebler gatherings like renters. On the other, unnecessary limitations may lead
to the defilement of landholders’ individual is authorization and have an undesirable effect on
the frugality.
Brexit on Human Rights
It is necessary to categorize the exact dangers that Brexit positions to the defence of
human rights. However, if a strong indication of Brexit’s possible influence on human rights
is to be planned, it is not sufficient just to opinion to the presence of such dangers. Brexit may
make specific immediate actions of privileges fortification susceptible, but that does not
inherently malicious that the fortifications are expected to be removed away: perils can be
factual, deprived of always imminent to realization. To variety-filled hazard taxation about
the impression of Brexit upon human rights, some study is desirable of the likelihood of
5 Stevens, Christopher, and Jane Kennan. "9. Brexit: a catalyst for EPA exit?." The impact of the UK's post-
Brexit trade policy on development (2016): 36.

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prevailing rights defence being thinned end-to-end with a specific urgent appointment with
the review of whether the present status quo would be observed as a starting point that is
value retentive once it originates to human rights. Preliminary with the likelihood of the
jeopardies as mentioned above approaching execution, there are positive influences in play
that recommend that Brexit is dubious about effecting in a conflagration of rights-protective
EU lawmaking appliances at least, in the little to intermediate-term6. This has exaggerated the
partisan discussion adjacent to Brexit. Other administration preachers have made similar
remarks in admiration of fairness commandment and conservational fortification. The
disagreement that has enclosed the decentralization measurement of Brexit and, in precise,
the subject of its impression on Northern Ireland that also brands it probable that together the
present and forthcoming administrations may touch the essential to step prudently when
tampering with EU. Starting point canons that benefit to protected hominid privileges in
administratively sensitive extents such as “equality law” and “environmental protection”.
Furthermore, if the CFR is omitted from UK commandment post-Brexit, and the rank
of the universal philosophies of EU law is irrigated depressed as debated overhead, then the
series of human rights that are unswervingly enforceable inside UK rule will be noticeably
imperfect. “The Human Rights Act 1998” continued to smear after the United Kingdom’s
withdrawal commencing the European Union7. Though, the essential rights threatened by the
HRA are considerable more inadequate in opportunity than those sheltered by the CFR or the
overall ideologies of EU commandment. The HRA defends the essential political and civil
6 Farrand, Benjamin. "Bold and newly independent, or isolated and cast adrift? The implications of Brexit for
intellectual property law and policy." JCMS: Journal of Common Market Studies 55.6 (2017): 1306-1321.
7 Smith, Anne, Monica McWilliams, and Priyamvada Yarnell. "Does every cloud have a silver lining: Brexit,
repeal of the Human Rights Act and the Northern Ireland Bill of Rights." Fordham Int'l LJ 40 (2016): 79.

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privileges set out in the ECHR. Though, the CFR’s possibility, in specific, is much superior,
spreading as it does to shelter a wide variety of personages, communal, parity, and nationality
privileges, in adding to the public and opinionated privileges.
Rent Act 1977
The Rent Act 1977 institutes the grouping of dwindling occupants in command to
give extended-term safety of tenancy of renters and outlines which belongings and
occupancies are to be omitted from the likelihood of charitable rise to an endangered rental8.
This is to elucidate in constitutional footings the degree of the occupant’s privileges to
continue in the possessions and to plan the incomplete conditions in which the property-
owner could recuperate ownership of the belongings and expel the occupant.
Housing Act 1988
The Housing Act 1988 restores the isolated hired segment through deregulation,
motivate its evolution by eliminating fee panels and familiarize new-style guaranteed
occupancies, outspreads the happenings of guard connotations to comprise accompanying.
Supplementary happenings to their chief covering movement encompass the adoptions
obtainable to assembly residents and the veracious to acquisition rule by permitting them to
transference their prevailing households to additional landowner everyplace they are not
intelligent to or did not require to work out their accurate to purchase.
8 Crawford, Joe, Sharon Leahy, and Kim McKee. "The Immigration Act and the ‘Right to Rent’: Exploring
governing tensions within and beyond the state." People, Place and Policy (2016).

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Right to Rent
The right to rent strategy necessitates proprietors to form the migration position of
their potential residents. If it does not get collide with depressed or rescinded after the new
high court presiding, it might be suggestively prolonged to comprise European countries. Due
to the encumbrances from the administration, some landowners were previously
unenthusiastic to lease to non-EU inhabitants. In the post-Brexit ecosphere, they may only
want to lease to completely British residents since of apprehensions of tumbling obscene of
the administration’s guidelines9. The Association of Residential Letting Agents is pursuing
amplification from the administration. Property owners should keep well-informed of the
modern advances with Right to Rent, and as far as the landholder drives, the greatest thing
would be for the commandment to a modification to take the encumbrance off landowners.
Conversely, worsening that, it is also very conceivable that the quota will enlarge, and then
add loads will be on them.
UK Nationals Rights
Since the margin problems formed by Brexit, there would be a parting amongst
Britain and the outstanding 27 associates. More than 1.4 million persons from the nation have
reserved benefits of the mobile and effort agreements, which happen in the European Union.
Once this parting revenues home, their position will be developed problematic promptly10.
They may be obligatory to smear for an effort pass, seek nationality, or level move backbone
homegrown to evade a probable struggle with their position11. The UK would also lose the
9 Hobolt, Sara B. "The Brexit vote: a divided nation, a divided continent." Journal of European Public
Policy 23.9 (2016): 1259-1277.
10 Aichele, Rahel, and Gabriel Felbermayr. "Costs and benefits of a United Kingdom exit from the European
Union. Bertelsmann studies." (2015).
11 Adriaanse, Mr John. Construction contract law. Macmillan International Higher Education, 2016.

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strength, which originates while you are a portion of a miscellaneous countrywide and
intercontinental philosophy.
A threat for EU Nationals Rights
For EU inhabitants, a no-deal Brexit meant a much extra thoughtful problematic that
might be principal to a covering catastrophe. This originates from exploration by the
Residential Landlords Association (RLA) in an explosion circulated in 2018. These tourist
attractions the essential for additional simplicity concerning the post-Brexit payment
privileges of EU countries and requests upon the administration to revenue crucial act. This is
supreme as many landowners are uncertain if they would be bright to reintroduce present
occupancy arrangements with EU nationals or if new, agreements would require to be shaped
in command to obey with UK rule. With roughly two-thirds of EU countries in the UK
existing in payment belongings, this might be an actual reason for apprehension for together
property-owners and residents.
Modifications to UK Regulation
As it presently stands, EU law unswervingly influences the UK payment marketplace,
with lawmaking that distresses both proprietors and occupants. This comprises vigour
presentation guidelines, customer fortification rules and facility necessities. In command for
this legislature to vacation in residence, Legislature would be essential to election EU
lawmaking of the Rent Act 1977 into UK law to defend occupants and control the rentals.
Without this stage, occupancy covenants, as well as property-owner and tenants’ privileges,
could be a theme to variation. Consequently, by going back to the Rent Act 1977, it
diminishes covering catastrophe and permits adjudicators and regulation to be in streak and
deliver very durable defence. Thus, it would also no lengthier be delayed by liberty to an
agreement.

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Land Law and Due Process
Article 6 of the ECHR necessitates due procedure as it stretches accurate to a sensible
and community inquiry. The due procedure is the impression that commandments and legal
accounts must be reasonable. The administration cannot take away an individual's
uncomplicated privileges to “life, liberty or property, without due process of law”12. Courts
have delivered abundant verdicts about what these funds in specific cases. Due process
stabilities the influence of commandment of the terrestrial and defends the separable being
from it. When an administration troubles an individual deprived of succeeding the particular
sequence of the commandment, this establishes a due procedure defilement, which affronts
the regulation of regulation.
Immigrants’ Rights on Contrary Ownership and Forfeiture
Contrary ownership is a lawful attitude under which an individual who does not have
lawful heading to a portion of the property, frequently terrestrial, obtains lawful possession
founded on incessant ownership or profession of the terrestrial deprived of the authorization
of its lawful proprietor. Forfeiture is a supremacy of the State Authority to take back
estranged land from the listed administrator owing to one or the other non-payment of rent or
rupture of conditions. In a post-Brexit retro, opposing ownership of colonists will not be
acceptable, which openings their accurate to possessions under Article 6 of the ECHR that
establishes a due procedure desecration. Nevertheless, this must be measured if UK is
agreeable to track the ECHR. Forfeiture ruptures human rights regulation since it inspires to
12 Protts, Justin. "Potential post-Brexit tariff costs for EU-UK trade." Briefing note (2016).

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dismiss the tenancy13. Consequently, the land rule will develop very unwieldy to repossess
back borrowed stuff by colonists.
Influence on EU Citizens Lasting in the UK
The significant concern is to recollect dwelling privileges and the standing that
emanates with it. EU inhabitants or domestic adherents of EU inhabitants are counselled to
get a Dwelling License, Perpetual Dwelling or to Enfranchise as a British inhabitant. “Article
70 of the Vienna Convention on the Law of Treaties” denotes assuring “assimilated
privileges of persons in the occasion of dissolution of an agreement,” which may insult to
possessions autonomies to reservation personalities who have previously assimilated
enduring dwelling position as of the Brexit day. It will be up to the UK on what location to
receive concerning the EU countries in the UK who are in the procedure of the attainment of
these human rights.
Impact on Overseas Property Owners and Buyers
Possessions taxes for British or non-EU possessors could be augmented, and existing
contracts that proposal belongings like leaseback assurances on speculation possessions could
also be outdated14. It is also not a comprehensive impracticality that British inhabitants could
unexpectedly find themselves in essential of a singular visa permitting them to appointment
their possessions for more than a convinced retro of each year. Presently, the EU autonomy
of undertaking pact allows British inhabitants to visit their possessions as often and for as
13 Fielder, Lauren. "Is Nationalism the Most Serious Challenge to Human Rights: Warnings from Brexit and
Lessons from History." Tex. Int'l LJ 53 (2018): 211.
14 Whitman, Richard G. "The UK and EU foreign, security and defence policy after Brexit: integrated,
associated or detached?." National Institute Economic Review 238 (2016): R43-R50.

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extended as they are comparable. As non-EU inhabitants, though, the quantity of time they
may be allowable to vacation in the republic might be incomplete.
Conclusion
In conclusion, it is stated that the withdrawal of the United Kingdom from the EU had
a significant impact upon the legislations governed under it when they were a joined state. It
had a significant impact on the property laws that adversely impacted the laws governing
human rights. In the opinion of the possible conversion that was attained, this procedure in
the legislative changes has both impacted the UK both in a positive as well as in a negative
way. Moreover, the procedure if the withdrawal were more transparent. Only the upcoming
time may predict the efficiency and the effectiveness of the impacts for the infrequent
procedure will be used. Hence the contribution of the European Union profoundly generated
constancy and sureness classified and out its limitations, but the effect of the Brexit exit
needed more reforms in cases of proving and safeguarding human rights.

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Bibliography
Adriaanse, Mr John. Construction contract law. Macmillan International Higher Education,
2016.
Aichele, Rahel, and Gabriel Felbermayr. "Costs and benefits of a United Kingdom exit from
the European Union. Bertelsmann studies." (2015).
Crawford, Joe, Sharon Leahy, and Kim McKee. "The Immigration Act and the ‘Right to
Rent’: Exploring governing tensions within and beyond the state." People, Place and
Policy (2016).
Epstein, Richard A. "The Role of Exit Rights: What the Theory of the Firm Says about the
Conduct of Brexit Negotiations." Cardozo L. Rev. 39 (2017): 825.
Farrand, Benjamin. "Bold and newly independent, or isolated and cast adrift? The
implications of Brexit for intellectual property law and policy." JCMS: Journal of Common
Market Studies 55.6 (2017): 1306-1321.
Fielder, Lauren. "Is Nationalism the Most Serious Challenge to Human Rights: Warnings
from Brexit and Lessons from History." Tex. Int'l LJ 53 (2018): 211.
Hobolt, Sara B. "The Brexit vote: a divided nation, a divided continent." Journal of European
Public Policy 23.9 (2016): 1259-1277.
Hosoe, Nobuhiro. "Impact of border barriers, returning migrants, and trade diversion in
Brexit: Firm exit and loss of variety." Economic Modelling 69 (2018): 193-204.
Mykkanen, Noora, and Tom Simcock. "The Right to Rent Scheme and the Impact on the
Private Rented Sector." Residential Landlords Association, available at: https://research. rla.

16Property Law
org. uk/wp-content/uploads/right-to-rent-impact-private-renting-2018. pdf (accessed 9 May
2019) (2018).
Protts, Justin. "Potential post-Brexit tariff costs for EU-UK trade." Briefing note (2016).
Smith, Anne, Monica McWilliams, and Priyamvada Yarnell. "Does every cloud have a silver
lining: Brexit, repeal of the Human Rights Act and the Northern Ireland Bill of
Rights." Fordham Int'l LJ 40 (2016): 79.
Stevens, Christopher, and Jane Kennan. "9. Brexit: a catalyst for EPA exit?." The impact of
the UK's post-Brexit trade policy on development (2016): 36.
Susen, Simon. "Chapter Twelve NO ExIT FROM BRExIT?." Brexit: Sociological
Responses (2017): 153.
Whitman, Richard G. "The UK and EU foreign, security and defence policy after Brexit:
integrated, associated or detached?." National Institute Economic Review 238 (2016): R43-
R50.