Susan Bright

photo of Susan Bright

Professor of Land Law, McGregor Fellow

On sabbatical leave this term.

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.


Publications

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Journal Articles

2012

C Axon and others, 'Building Communities: Reducing Energy Use in Tenanted Commercial Property' (2012) Building Research and Information (forthcoming)

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.


S J Bright, 'Green Commercial Leases: Bringing Together Practice and Theory' (2012) Property Law Review (forthcoming)

This is a note about a symposium held in Sydney involving industry leaders and academics in order to explore better (green) leasing practices.


Craig Roussac and others, Improving environmental performance through innovative commercial leasing: An Australian case study (2012) 4 International Journal of Law in the Built Environment 6

DOI: 10.1108/17561451211211714

The paper explains how difficult it is within the structure and content of conventional leases to reduce the environmental impact of the tenanted commercial built environment. It explores the interplay between the content and structure of commercial leases and the behaviour of building owners, managers, tenants and occupants, illustrated through the experiences of a large Australian-based commercial office building owner/operator.


2011

S J Bright and J Bettle, 'Ashby v Kilduff – a modern day morality tale?' (2011) 41 Family Law 168

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.


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.


S J Bright and S Highmore, 'Carbon Reduction Commitment and Commercial Leases' (2010) 74 Conveyancer 430

This article discusses the complexities of accommodating CRC within commercial leaes and explores drafting responses


2009

S J Bright, 'Occupation Rents and the Trust of Land and Appointment of Trustees Act 1996: from Property to Welfare? ' (2009) 73 Conveyancer 378

2008

S J Bright, 'Drafting Green Leases' (2008) 72 Conveyancer 498

This article looks at how the commercial leasehold relationship can be operated in a manner that reduces the environmental impact of building use. It looks particularly at the role of the leasehold contract and argues that all releases can be drafted and operated in an environmentally sensitive manner.


ISBN: 0010 -- 8200

S J Bright, 'Green leases' (2008) 158 New Law Journal 1135

S J Bright and others, The Greening of Commercial Leases (2008) 26 Journal of Property Investment and Finance 541

DOI: 10.1108/14635780810908389

The paper considers how policy changes may drive changes in leasing practices, in order to reduce environmental impact from the commercial building stock.


ISBN: 1463-578X

S J Bright, 'To the Rescue' (2008) ROOF 40

This looks at how the law may come to the aid of those caught out by sale and rent back scams.


2006

S J Bright, 'Protecting the Small Business Tenant' (2006) 70 Conveyancer 137

article arguing that small business tenants needed the same kind of protection as is available to other consumers


ISBN: 0010-8200

2005

S J Bright and others, 'Personal Liability in Proprietary Estoppel' (2005) 69 The Conveyancer 14

Argues that in cases of estoppel relating to land the "representor" (A) is liable to the "representee" (B), and that this personal liability survives a transfer of the land to C.


S J Bright, 'Procuring the Notice to Quit: A Public Law Challenge' (2005) 8 Journal of Housing Law 6

Discusses the Court of Appeal case in McCann v Birmingham and asks whether the local authority's encouragement to serve a notice to quit can be challenged in public law.


ISBN: 13686542

S J Bright and B McFarlane, Proprietary Estoppel and Property Rights (2005) 64(2) Cambridge Law Journal 449

S J Bright, 'Tolerated Trespass and Stock Transfer' (2005) 2005 (8) Journal of Housing Law 15

2004

S J Bright, 'Unfair Contract Terms and Local Authority Tenancies' (2004) Journal of Housing Law '2

Casenote on Khatun v Newham LBC


ISBN: 13686542

2003

S J Bright and others, 'Anti-Social Behaviour: Local authority responsibility and the voice of the victim' (2003) CLJ 305

Considers whether victim of ASB can compel LA to take action to stop the behaviour


S J Bright, 'The Concept of the Tolerated Trespasser' (2003) 119(Jul) Law Quarterly Review 509

2002

S J Bright, 'Avoiding Tenancy Legislation: Sham and Contracting Out Revisited' (2002) CLJ 146

This article reviews the case law on whether attempts to avoid tenancy regulation work. It sets out the approaches that can be seen being used in the cases to determine if agreements are geniune or not, and argues that the approach taken by the Court of Appeal in Bankway Properties went beyond the traditional use of the doctrine.


S J Bright, 'Estate Rent charges and Reasonableness' (2002) 66 Conveyancer 507

Considers case of Orchard Trading


2001

S J Bright, 'Liability for the bad behaviour of others' (2001) 21 OJLS 311

Whether landowner should be responsible for bad behaviour of others from his land


ISBN: 01436503

Books

2007

S J Bright, Landlord and Tenant Law in Context (Hart Publishing 2007)

2006

S J Bright, Landlord and Tenant Law. Past, Present and Future. (Hart 2006)

Collection of essays edited by Susan Bright, with introduction by Susan Bright. Based on conference papers for conference held in September 2005. The conference was conceived and brought together by me to stimuate debate between academics and practitioners, and to provide a reflective look at landlord and tenant law as a whole.


ISBN: 978-1-84113-593-9

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


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.


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

2009

S J Bright, 'The limits of contractual freedom in English commercial leases' in Francoise Auque (ed), Baux commerciaux, Quel modele pour l'Europe? (Larcier 2009)

2007

S J Bright, 'Unfairness and the Consumer Contract Regulations' in A Burrows and E Peel (eds), Contract Terms (Hart 2007)

This chapter looks at the meaning of unfairness and its inter-relationship with the method chosen to implement the Unfair Terms in Consumer Contracts Regulations.


ISBN: 978-0-19-922937-6

2006

S J Bright, 'Street v Mountford Revisited' in S Bright (ed), Landlord and Tenant Law. Past, Present and Future 2006 (Hart Publishing 2006)

0

S J Bright and N Hopkins, 'Evaluating Legal Models of Affordable Home Ownership in England' in T Turnipseed (ed), Community, Home and Identity (Ashgate 0)

In recent years, alternative models of Low Cost Home Ownership have been developed, ranging from grants, through intermediate tenure, to co-operative housing models. Whereas Right to Buy was driven by the single minded mission of giving people what they want –full ownership – the newer models take account of a wider range of objectives. This chapter: a) Explains the legal frameworks used to deliver the main LCHO products available in England; b) Explores the ways in which the products deliver the benefits of home ownership to the individual in the form of wealth creation, security and ‘mainstreaming’; and c) Discusses the ability of these products to support two additional policy objectives: supporting sustainable communities through facilitating mixed neighbourhoods, and providing ‘value for money’.


Case Notes

2012

S J Bright, 'The Uncertainty of Certainty in Leases' (2012) 128 LQR 336   [Case Note]

This note explains the significance of the Supreme Court decision in Mexcfield v Berrisford


2009

S J Bright and others, 'Low Cost Home Ownership: legal issues of the shared ownership lease' (2009) 73 Conveyancer 337   [Case Note]

2006

S J Bright, 'Article 8 Again in the House Of Lords: Kay v Lambeth; Leeds CC v Price' (2006) 70 Conveyancer 294   [Case Note]

S J Bright, 'Eviction for Anti-social Behaviour' (2006) 70 Conveyancer 85   [Case Note]

S J Bright, 'Tolerated Trespass or A New Tenancy?' (2006) 122 Law Quarterly Review 48   [Case Note]

2005

S J Bright, 'Managing or Leasing?' (2005) Conveyancer 352   [Case Note]

2004

S J Bright, 'Ending Tenancies by Notice to Quit: the human rights challenge' (2004) 120 LQR 398   [Case Note]

Case note


ISBN: 0023-933x

S J Bright, 'Unfair Terms and Unfair Allocations' (2004) Journal of Housing Law 40   [Case Note]

Note on Court of Appeal decision in Khatun v Newham LBC


ISBN: 13686542

2003

S J Bright, 'Landowners Responsibility in Nuisance for Anti-social behaviour' (2003) 67 Conveyancer 171   [Case Note]

Casenote on Winch v Mid-Beds



Interests

Teaching: Contract; Land Law; Regulation

Research: Landlord and Tenant, Property

Other details

Correspondence address:
New College
Holywell Street,
Oxford,
OX1 3BN


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