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Dilapidations the modern law and practice

By: Contributor(s): Language: English Publication details: London Sweet & Maxwell 2008Edition: 4th edDescription: lxxiii, 1088p. ill. 24cmISBN:
  • 9781847035868
Subject(s): LOC classification:
  • 346.410434 $2 18
Partial contents:
The existence of the obligation -- The duration of the obligation -- Who can sue and be sued -- The construction of repairing and other covenants imposing liabilities for dilapidations -- The variety of obligations imposing liability for dilapidations -- Introduction to the five-part analysis of liability under the general covenant to repair -- 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 -- Mechanical and electrical services and plant -- Forms of express covenant -- Decoration -- Covenants to reinstate alterations -- Covenants to comply with statutes -- 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 -- Implied obligations and duties of the tenant to the landlord -- Considerations affecting the performance of landlord's obligations to repair -- Considerations affecting the performance of tenant's obligations to repair -- Liability to repair under sub-leases -- Fixtures -- The landlord's remedies for breach of covenant on the part of the tenant -- 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 -- Valuations under the first limb of section 18(1) of the Landlord and Tenant Act 1927: worked examples -- 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 covenant 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 -- Alternatives to litigation -- Proposals for reform -- Appendix one: forms and precedents -- Appendix two: statutory material
Fixtures -- The landlord's remedies for breach of covenant on the part of the tenant -- 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 -- Valuations under the first limb of section 18(1) of the Landlord and Tenant Act 1927: worked examples -- 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 covenant 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 -- Alternatives to litigation -- Proposals for reform -- Appendix one: forms and precedents -- Appendix two: statutory material
Summary: Sets out the law on dilapidations and provides a comprehensive discussion of the legal principles relating to them. Supported by precedents, statutes and protocols, uses case law and worked examples to show how these principles might apply in practice and gives practical advice where appropriate. Incorporates a number of relevant decisions from Australia, New Zealand and Canada which, whilst not binding on the UK courts, are still of interest, especially in relation to aspects commonly encountered in practice, but not yet the subject of authority in this jurisdiction. Does not cover tax, but does contain worked examples of valuations under the Landlord and Tenant Act 1927 S18.
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Item type Current library Call number Copy number Status Barcode
Reference material London Basement RESERVE (Browse shelf(Opens below)) 2 Available 30079655

The existence of the obligation -- The duration of the obligation -- Who can sue and be sued -- The construction of repairing and other covenants imposing liabilities for dilapidations -- The variety of obligations imposing liability for dilapidations -- Introduction to the five-part analysis of liability under the general covenant to repair -- 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 -- Mechanical and electrical services and plant -- Forms of express covenant -- Decoration -- Covenants to reinstate alterations -- Covenants to comply with statutes -- 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 -- Implied obligations and duties of the tenant to the landlord -- Considerations affecting the performance of landlord's obligations to repair -- Considerations affecting the performance of tenant's obligations to repair -- Liability to repair under sub-leases -- Fixtures -- The landlord's remedies for breach of covenant on the part of the tenant -- 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 -- Valuations under the first limb of section 18(1) of the Landlord and Tenant Act 1927: worked examples -- 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 covenant 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 -- Alternatives to litigation -- Proposals for reform -- Appendix one: forms and precedents -- Appendix two: statutory material

Fixtures -- The landlord's remedies for breach of covenant on the part of the tenant -- 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 -- Valuations under the first limb of section 18(1) of the Landlord and Tenant Act 1927: worked examples -- 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 covenant 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 -- Alternatives to litigation -- Proposals for reform -- Appendix one: forms and precedents -- Appendix two: statutory material

Sets out the law on dilapidations and provides a comprehensive discussion of the legal principles relating to them. Supported by precedents, statutes and protocols, uses case law and worked examples to show how these principles might apply in practice and gives practical advice where appropriate. Incorporates a number of relevant decisions from Australia, New Zealand and Canada which, whilst not binding on the UK courts, are still of interest, especially in relation to aspects commonly encountered in practice, but not yet the subject of authority in this jurisdiction. Does not cover tax, but does contain worked examples of valuations under the Landlord and Tenant Act 1927 S18.