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Dilapidations the modern law and practice first supplement to the third edition

By: Contributor(s): Language: English Publication details: London Sweet & Maxwell 2008Description: xiii, 68p. 24cmISBN:
  • 9780421921504
Subject(s): LOC classification:
  • 346.410434 $2 18
Partial contents:
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
Summary: 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.
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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.