Susan Bright

Professor of Land Law, McGregor Fellow
Susan Bright has been teaching in Oxford since 1992. She joined New College as a Fellow in 2004, having previously been a Fellow at St Hilda's College. She qualified as a solicitor in London, practising in the field of commercial property. At Oxford, she teaches land law, contract law, commercial leases, and housing and human rights.
Her writing is mainly in the field of real property law, especially landlord and tenant law. Her current research interests focus around the home in land law and ‘green leases’. In relation to the home, her work explores the legal models that are used for delivering affordable home ownership, and the considerations that come into play during the legal process when a home is lost. She is currently involved in an empircal project exploring the extent to which non-financial considerations are taken into account in possession cases. Sue’s green lease work is focussed on the commercial property sector and considers the hurdles and opportunities that leasing patterns present to improving the energy performance of the commercial built environment. A selection of Sue's papers can be accessed on the Social Science Research Network (SSRN) at: http://ssrn.com/author=529157 Sue has been appointed to sit as a part time Lawyer Chair of the Residential Property Tribunal Service. She is also a Fellow of the South African Research Chair in Property Law and a Visiting Professorial Fellow at the University of New South Wales.
Publications
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Journal Articles
2012
C Axon and others, 'Building Communities: Reducing Energy Use in Tenanted Commercial Property' (2012) 40 Building Research and Information 461 [...]
DOI: 10.1080/09613218.2012.680701
Reducing energy use in tenanted commercial property requires greater understanding of ’buildings as communities’. Tenanted commercial properties represent: (1) the divergent communities that share specific buildings and (2) the organisational communities represented by multi-site landlord and tenant companies. In any particular tenanted space the opportunity for environmental change is mediated (hindered or enabled) through the lease. This discussion draws on theoretical and practical understandings of (i) the socio-legal relationships of landlords, tenants and their advisors; (ii) the real performance of engineering building services strategies to improve energy efficiency; (iii) how organisational cultures affect the ability of the sector to engage with energy efficiency strategies; and (iv) the financial and economic basis of the relationship between owners and occupiers. The transformational complexity stems from: (i) the variety of commercial building stock; (ii) the number of stakeholders (solicitors, investors, developers, agents, owners, tenants and facilities managers); (iii) the fragmentation within the communities of practice; and (iv) leasehold structures and language. An agenda is proposed for truly interdisciplinary research that brings together both the physical and social sciences of energy use in buildings so that technological solutions are made effective by an understanding of the way that buildings are used and communities behave.
ISBN: 0182-3329
2011
S J Bright and Nick Hopkins, 'Home, Meaning and Identity: Learning from the English Model of Shared Ownership:' (2011) 28 Housing, Theory and Society 377 [...]
DOI: 10.1080/14036096.2010.527119
This article explores the problematic nature of the label ‘home ownership’ through a case study of the English model of shared ownership, one of the methods used by the UK government to make home ownership affordable. Adopting a legal and socio-legal analysis, the article considers whether shared ownership is capable of fulfilling the aspirations households have for home ownership. To do so, the article considers the financial and non-financial meanings attached to home ownership and suggests that the core expectation lies in ownership of the value. The article demonstrates that the rights and responsibilities of shared owners are different in many respects from those of traditional home owners, including their rights as regards ownership of the value. By examining home ownership through the lens of shared ownership the article draws out lessons of broader significance to housing studies. In particular, it is argued that shared ownership shows the limitations of two dichotomies commonly used in housing discourse: that between private and social housing; and the classification of tenure between owner-occupiers and renters. The article concludes that a much more nuanced way of referring to home ownership is required, and that there is a need for a change of expectations amongst consumers as to what sharing ownership means.
ISBN: 1403-6096
2010
S J Bright, 'Carbon Reduction and Commercial Leases in the UK' (2010) 2 International Journal of Law and the Built Environment 218 [...]
This paper explores the potential impact that the introduction of the UK’s CRC Energy Efficiency Scheme will have on a) energy use in the tenanted commercial built environment and b) the idea of the net lease.
ISBN: 1756-1450
Chapters
2013
S J Bright, 'Manchester City Council v Pinnock' in N Gravells (ed), Landmark Cases in Land Law (Hart 2013) (forthcoming) [...]
This chapter explores what the case of Manchester CC v Pinnock means In terms of the rhetoric of ownership and our doctrinal thinking about property rights. It is argued that it heralds a much more contextualised understanding of what it means to assert ownership of land and of how claims for the recovery of land should be resolved. It is these dimensions that are explored in this chapter
ISBN: 9781849462570
S J Bright, N Hopkins and N Macklam, 'Owning Part but Losing All: Using Human Rights to Protect Home Ownership' in N Hopkins (ed), Modern Studies in Property Law (Hart 2013) (forthcoming) [...]
“Shared ownership” is used to provide an affordable route into home ownership. Yet there is a significant problem with the shared ownership scheme; as Richardson v Midland Heart [2008] L & TR 31 shows, in the event of the home “owner” falling into rent arrears, he or she may lose not simply his or her home, but also the equity in the property. This chapter examines whether there is some way of using existing legal principles to avoid this unjust outcome by either; first, protecting the use value of the home by relying on Convention rights under the Human Rights Act 1998 to prevent termination of the “shared ownership” lease; or, secondly, recouping the investment value of the home by using human rights law to enable the home “owner” to retain the equity even if the home is lost.
ISBN: 1849463212
2012
S J Bright and others, 'Evaluating Legal Models of Affordable Home Ownership in England' in T. Turnipseed (ed), Community, Home and Identity (Routledge 2012) (forthcoming) [...]
This chapter explores the legal modesl used to provide for low cost home ownership and: a) Explains the legal frameworks used to deliver the main LCHO products available in England; b) Explores the potential benefits of home ownership to the individual in the form of wealth creation, “mainstreaming” and security of place; c) Sets out key additional policy objectives of LCHO, in particular introducing and supporting tenure mix (sustainable communities) and sustaining the opportunity for continued use of the subsidy to provide access to LCHO for intermediate income households; and d) Evaluates the extent to which the different products available deliver both the individual benefits of home ownership and support the wider policy objectives.
ISBN: 9781409438540
2010
S J Bright, 'Dispossession for Arrears: The Weight of Home in English Law ' in L Fox O’Mahony and J A Sweeney (eds), The Idea of Home in law: Displacement and Dispossession (Ashgate 2010) [...]
This chapter examines whether, and if so the extent to which, the processes of dispossessing a debtor of his or her home enable weight to be attached to the importance of this home to this person. The focus is upon what will be called the ‘personal home story’.
ISBN: 978-0-7546-7947-9
Other details
Correspondence address:
New College
Holywell Street,
Oxford,
OX1 3BN
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