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A Practical Guide to the Law of Dilapidations

A Practical Guide to the Law of Dilapidations

Author: Mark Shelton
Publisher: Law Brief Publishing
ISBN: 9781911035725
Published In: March 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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‘Dilapidations’ refers to breaches of lease covenants relating to the condition of a leasehold property and remedies available to landlords in relation to them.

Landlords often have an expectation that at lease-end they will obtain a financial settlement of the dilapidations liability from the departing tenant, but they need to lay the groundwork well. Plus, they need a realistic understanding of how the law requires their loss to be quantified, and limits recovery of damages in certain respects. Tenants, too, can benefit from good preparation for lease expiry, based upon a sound appreciation of the scope of their obligations.

It is not purely a lease-end issue, though, since landlords will very often have the right during the lease to carry out repairs themselves, at the tenant’s expense, upon giving notice. This is a remedy with particular practical implications, and must be carefully considered by both parties. Disrepair may also make life very difficult for a tenant attempting to operate a break option.

A good grounding in the basics of dilapidations law is essential for lease negotiation, as the problems experienced at lease-end have their roots in what was agreed at the beginning of the lease. There are lessons for the due diligence required before a lease commitment is taken on.

This book is a practical guide to the law of dilapidations aimed at general practice solicitors and surveyors.

Chapter One – Understanding the Scope of the Tenant’s Responsibility to Repair

Chapter Two – Anticipating Issues Before Lease Commencement

Chapter Three – Mid-term Dilapidations (1) – Damages and Specific Performance

Chapter Four – Mid-term Dilapidations (2) – Forfeiture, Jervis v Harris claims and Other Matters

Chapter Five – Conditional Tenant’s Break Options and the Physical State of the Property

Chapter Six – Dilapidations at Lease Expiry (1) – Damages at Common Law

Chapter Seven – Dilapidations at Lease Expiry (2) – Impact of s.18(1), and Preparation for Lease Expiry

Chapter Eight – Issues Relating to Tenant’s Alterations

Chapter Nine – FAQs

Chapter Ten – Managing and Settling Disputes