Dilapidations the modern law and practice
Dowding, Nicholas
Dilapidations the modern law and practice first supplement to the third edition - London Sweet & Maxwell 2008 - xiii, 68p. 24cm.
The existence of the obligation -- Who can sue and be sued -- The construction of repairing and other covenants imposing liability for dilapidations -- The first question: what is the subject matter of the covenant? -- The second question: is the subject matter of the covenant in a damaged or deteriorated condition? -- The third question: is the nature of the damage such as to bring the condition of the subject-matter below the standard contemplated by the repairing covenant? The fourth question: what work is necessary in order to put the subject-matter of the covenant back into the contemplated condition? -- The fifth question: is that work nonetheless of such a nature that the parties did not contemplate it would be the liability of the covenanting party? -- The application of the repairing covenant in relation to commonly encountered defects -- Destruction of the subject matter -- The landlord's implied obligations towards the tenant at common law -- The landlord's implied obligations towards the tenant under statute Considerations affecting the preformance of the landlord's obligations to repair -- Fixtures -- Forfeiture -- Other remedies during the term -- Damages at the end of the term (1): claims to which section 18(1) of the Landlord and Tenant Act 1927 applies -- Damages at the end of the term (2): claims to which section 18(1) of the Landlord and Tenant Act 1927 does not apply -- The tenant's remedies for breach of contract on the part of the landlord -- The recovery of fees and costs -- Dilapidations questions arising in related fields -- Dilapidations claims in practice -- Dilapidations claims under the Civil Procedure rules -- Appendices
Updates the main work (L127972), reflecting changes in law and practice. Includes discussion of a number of new cases and updated appendices that now contain the complete text of the new pre-action protocol for claims for damages in relation to the physical state of commercial property at the end of a lease, published by the Property Litigation Association.
Advanced
9780421921504
LANDLORD AND TENANT ACT 1927
RIVERSIDE PROPERTY INVESTMENTS V BLACKHAWK AUTOMOTIVE
MARLBOROUGH PARK SERVICES V REEVE
REGER INTERNATIONAL V TIREE
LATIMER V CARNEY
PRINCES HOUSE V DISTINCTIVE CLUBS
EARLE V CHARALAMBOUS
FITZROY HOUSE EPWORTH STREET (NO.1) LTD AND ANOTHER V FINANCIAL TIMES
CARMEL SOUTHEND LTD V STRACHAN AND HENSHAW LTD
LYNDENDOWN V VITAMOL
346.410434 $2 18
Dilapidations the modern law and practice first supplement to the third edition - London Sweet & Maxwell 2008 - xiii, 68p. 24cm.
The existence of the obligation -- Who can sue and be sued -- The construction of repairing and other covenants imposing liability for dilapidations -- The first question: what is the subject matter of the covenant? -- The second question: is the subject matter of the covenant in a damaged or deteriorated condition? -- The third question: is the nature of the damage such as to bring the condition of the subject-matter below the standard contemplated by the repairing covenant? The fourth question: what work is necessary in order to put the subject-matter of the covenant back into the contemplated condition? -- The fifth question: is that work nonetheless of such a nature that the parties did not contemplate it would be the liability of the covenanting party? -- The application of the repairing covenant in relation to commonly encountered defects -- Destruction of the subject matter -- The landlord's implied obligations towards the tenant at common law -- The landlord's implied obligations towards the tenant under statute Considerations affecting the preformance of the landlord's obligations to repair -- Fixtures -- Forfeiture -- Other remedies during the term -- Damages at the end of the term (1): claims to which section 18(1) of the Landlord and Tenant Act 1927 applies -- Damages at the end of the term (2): claims to which section 18(1) of the Landlord and Tenant Act 1927 does not apply -- The tenant's remedies for breach of contract on the part of the landlord -- The recovery of fees and costs -- Dilapidations questions arising in related fields -- Dilapidations claims in practice -- Dilapidations claims under the Civil Procedure rules -- Appendices
Updates the main work (L127972), reflecting changes in law and practice. Includes discussion of a number of new cases and updated appendices that now contain the complete text of the new pre-action protocol for claims for damages in relation to the physical state of commercial property at the end of a lease, published by the Property Litigation Association.
Advanced
9780421921504
LANDLORD AND TENANT ACT 1927
RIVERSIDE PROPERTY INVESTMENTS V BLACKHAWK AUTOMOTIVE
MARLBOROUGH PARK SERVICES V REEVE
REGER INTERNATIONAL V TIREE
LATIMER V CARNEY
PRINCES HOUSE V DISTINCTIVE CLUBS
EARLE V CHARALAMBOUS
FITZROY HOUSE EPWORTH STREET (NO.1) LTD AND ANOTHER V FINANCIAL TIMES
CARMEL SOUTHEND LTD V STRACHAN AND HENSHAW LTD
LYNDENDOWN V VITAMOL
346.410434 $2 18