A Practical Guide to the Law of Dilapidations - Second Edition

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

ABOUT THE AUTHOR

Mark Shelton practised in major commercial law firms for thirty years, specialising in property dispute resolution. He has acted for businesses large and small, including FTSE-listed property companies and household-name corporate occupiers, across the whole range of property-related issues. Among other reported cases, he acted for the successful landlord in Shortlands v Cargill [1994], an influential case on the assessment of damages for dilapidations.

He is now a full-time commercial property management law trainer, putting his expertise and experience to good use in training both lawyers and surveyors. He delivers training for providers including MBL Seminars, ForLegal, Professional Conferences, CPT Events, Legal Futures and The Solicitors Group.

CONTENTS

Chapter 1 - Understanding the Scope of the Tenant's Responsibility to Repair

Chapter 2 - Anticipating Issues Before Lease Commencement

Chapter 3 - Mid-Term Dilapidations (1) - Damages, Specific Performance and Declaratory Relief

Chapter 4 - Mid-Term Dilapidations (2) - Forfeiture, Jervis v Harris Claims and Other Matters

Chapter 5 - Conditional Tenant's Break Options and the Physical State of the Property

Chapter 6 - Dilapidations at Lease Expiry (1) - Damages at Common Law

Chapter 7 - Dilapidations at Lease Expiry (2) - Impact of s.18(1) and Preparation for Lease Expiry

Chapter 8 - Issues Relating to Tenant's Alterations

Chapter 9 - FAQs

Chapter 10 - Managing and Settling Disputes

Chapter 11 - The Wider Perspective