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See also:FLAT (a modification of O. Eng. flet, an obsolete word of See also:Teutonic origin, meaning the ground beneath the feet)
, a See also:term commonly used as an See also:adjective, signifying level in See also:surface, level with the ground, and so, figuratively, fallen, dead, inanimate, tasteless, dull; or, by another transference, downright; or, in See also:music, below the true See also:pitch
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In a substantival See also:form, the term is used in See also:physical See also:geography for a level See also:tract
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The word is also generally applied by See also:modern usage to a self-contained See also:residence or See also:separate dwelling (in Scots See also:law, the term flatted See also:house is still used), consisting of a See also:suite of rooms which form a portion, usually on a single See also:floor, of a larger See also:building, called the See also:tenement house, the See also:remainder being similarly divided
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The approach to it is over a See also: It appears that tenants of a flat would not come within the meaning of " lodger " for the purposes of the Lodgers' Goods See also:Protection Act 1871 . (ii.) The owner of an upper See also:storey, without any See also:express grant or enjoyment for any given See also:time, has a right to the support of the See also:lower storey (See also:Dalton v . See also:Angus, 1881, 6 A.C . 740, 793) . The owner of the lower storey, however, so See also:long as he does nothing actively in the way of withdrawing its support, is not See also:bound to repair, in the See also:absence of a special See also:covenant imposing that See also:obligation upon him . The right of support being an See also:easement in favour of the owner of the upper storey, it is for him to repair . He is in law entitled to enter on the lower storey for the purpose of doing the necessary See also:repairs . It appears, however, that there is an implied obligation by the landlord to the tenants to keep the common See also:stair and the lift or elevator in repair, and, for See also:breach II . of this See also:duty, he will be liable to a third party who, while visiting a See also:tenant in the course of business, is injured by its defective See also:condition (See also:Miller v . See also:Hancock, 1893, 2 Q.B . 177) . No such liability would be involved in a See also:mere See also:licence to the tenants. to use a See also:part of the building not essential to the enjoyment of their flats . (iii.) In See also:case of the destruction of the flat by See also:fire, the See also:rent abates See also:pro See also:Canto and an See also:apportionment is made; pari ratione, where a flat is totally destroyed, the rent abates altogether (Clode, p . 14); unless the tenant has entered into an express and unqualified agreement to pay rent, when he will remain liable till the expiration of his tenancy . (iv.) Where the agreements for letting the flats in a single building are in common form, an agreement by the lessor not to depart from the See also:kind of building there indicated may be held to be implied . Thus an See also:injunction has been granted to restrain the See also:conversion into a See also:club of a large part of a building, adapted to occupation in residential flats, at the instance of a tenant who held under an agreement in a common form binding the tenants to rules suitable only for residential purposes (See also:Hudson v . Cripps,1896, 1 Ch . 265) . (v.) The See also:porter is usually appointed and paid by the landlord, who is liable for his acts while engaged on his general duties; while engaged on any special duty for any tenant the porter is the servant of the latter, who is liable for his conduct within the See also:scope of his employment . In Scots law the rights and obligations of the lessors and lessees of flats, or—as they are called—" flatted houses," See also:spring partly from the exclusive possession by each lessee of his own flat, partly from the common See also:interest of all in the tenement as a whole . The " law of the tenement " may be thus summed up . The solum on which the flatted house stands, the See also:area in front and the back ground are presumed to belong to the owner of the lowest floor or the owners of each floor severally, subject to the common right of the other proprietors to prevent injury to their flats, especially by depriving them of See also:light . The See also:external walls belong to each owner in so far as they enclose his flat; but the other owners can prevent operations on them which would endanger the See also:security of the building . The roof and uppermost storey belong to the highest owner or owners, but he or they may be compelled to keep them in repair and to refrain from injuring them . The gables are common to the owner of each flat, so far as they bound his See also:property, and to the owner of the adjoining house; but he and the other owners in the building have See also:cross rights of common interest to prevent injury to the stability of the building . The floor and See also:ceiling of each flat are divided in ownership by an ideal See also:line See also:drawn through the See also:middle of the joists; they may be used for See also:ordinary purposes, but may not be weakened or exposed to unusual See also:risk from fire . The common passages and stairs are the common property of all to whose premises they form an See also:access, and the walls which bound them are the common property of those persons and of the owners on their farther See also:side . In the See also:United States the term " apartment-house " is applied to what in England are called flats . The general law is the same as in England . The See also:French See also:Code See also:Civil provides (See also:Art . 664) that where the different storeys of a house belong to different owners the See also:main walls and roof are at the See also:charge of all the owners, each one in proportion to the value of the storey belonging to him . The proprietor of each storey is responsible for his own flooring . The proprietor of the first storey makes the See also:staircase which leads to it, the proprietor of the second, beginning from where the former ended, makes the staircase leading to his and so on . There are similar provisions in the Civil Codes of See also:Belgium (Art . 664), See also:Quebec (Art . 521), St See also:Lucia (Art . 471) . |
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