A tolerable state of affairs
Beckett, P.
A tolerable state of affairs - 2004 - Estates Gazette (0427) 3 July 2004, 126(1) .
Examines dilapidations claims in the light of "Simmons and others v Dresden ([2004] EWHC 993 (TCC), [2004] All ER (D) 261 (May)). The tenants (S), who had been granted a full repairing lease, had not been able to complete a programme of repairs to the property by the date that the lease expired, when the landlord (D) sold the property. D claimed breaches of covenant by S but his claim was dismissed as he was unable to prove his loss, although S's repairs were found to be inadequate. D's position was weakened by the fact that the property had been sold at what both sides agreed was a good price and the valuation methods of "Shortlands Investments Ltd v Cargill plc" (ORB, WB3047-23) deemed not to be applicable. Concludes that the issues in dilapidations cases must be separated out for clarity's sake.
SHORTLANDS INVESTMENTS LTD V CARGILL PLC
SIMMONS AND OTHERS V DRESDEN
FLUOR DANIEL PROPERTIES LTD V SHORTLANDS INVESTMENTS LTD
A tolerable state of affairs - 2004 - Estates Gazette (0427) 3 July 2004, 126(1) .
Examines dilapidations claims in the light of "Simmons and others v Dresden ([2004] EWHC 993 (TCC), [2004] All ER (D) 261 (May)). The tenants (S), who had been granted a full repairing lease, had not been able to complete a programme of repairs to the property by the date that the lease expired, when the landlord (D) sold the property. D claimed breaches of covenant by S but his claim was dismissed as he was unable to prove his loss, although S's repairs were found to be inadequate. D's position was weakened by the fact that the property had been sold at what both sides agreed was a good price and the valuation methods of "Shortlands Investments Ltd v Cargill plc" (ORB, WB3047-23) deemed not to be applicable. Concludes that the issues in dilapidations cases must be separated out for clarity's sake.
SHORTLANDS INVESTMENTS LTD V CARGILL PLC
SIMMONS AND OTHERS V DRESDEN
FLUOR DANIEL PROPERTIES LTD V SHORTLANDS INVESTMENTS LTD