000 01434cab a2200205 4500
001 ##ABS68042
008 040716n2004 000 0 eng u
035 _a(Sirsi) u126816
100 1 _aBeckett, P.
245 0 2 _aA tolerable state of affairs
260 _c2004
490 0 _aEstates Gazette
_v(0427) 3 July 2004, 126(1)
520 _aExamines 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.
590 _aABS
650 2 4 _aSHORTLANDS INVESTMENTS LTD V CARGILL PLC
650 2 4 _aSIMMONS AND OTHERS V DRESDEN
650 2 4 _aFLUOR DANIEL PROPERTIES LTD V SHORTLANDS INVESTMENTS LTD
690 _aPROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-DILAPIDATIONS
942 _n0
999 _c74468
_d74468