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A Practical Guide to the Law of Dilapidations 2nd Edition

A Practical Guide to the Law of Dilapidations 2nd Edition

作者： Mark Shelton
出版商： Law Brief Publishing
ISBN: 9781914608827

Previous Edition ISBN: 9781911035725
出版时间 November 2022
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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Dilapidations is a practice area which never goes away: in times of boom or bust, landlords need to maintain the value of their investment and tenants will seek to restrict the impact of their repairing obligations. It can sometimes seem as if the topic is all about s.18 of the Landlord and Tenant Act 1927, but there is so much more to say. This book considers how to reduce the likelihood of claims in the first place, and the interpretation of repairing obligations, as well as the choice of remedies during the term and at lease end, the conduct of claims, the impact of the Pre-action Protocol, and the assessment of damages.

This is a practical guide to the law of dilapidations, aimed at both solicitors and surveyors advising either landlord or occupier, in relation to repairing obligations in commercial leases.

Points covered include:
- Enforcing obligations in mid-term
- The role of schedules of condition
- Assessing the ‘loss of rent’ element
- The role of expert valuers
- Repair v improvements
- Procedural considerations
1. Understanding the Scope of the Tenant’s Responsibility to Repair
2. Anticipating Issues Before Lease Commencement
3. Mid-Term Dilapidations (1) – Damages, Specific Performance and Declaratory Relief
4. Mid-Term Dilapidations (2) – Forfeiture, Jervis v Harris Claims and Other Matters
5. Conditional Tenant’s Break Options and the Physical State of the Property
6. Dilapidations at Lease Expiry (1) – Damages at Common Law
7. Dilapidations at Lease Expiry (2) – Impact of s.18(1) and Preparation for Lease Expiry
8. Issues Relating to Tenant’s Alterations
9. FAQs
10. Managing and Settling Disputes
11. The Wider Perspective

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