Dilapidations: The Modern Law and Practice, 6th Edition

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Dilapidations: The Modern Law and Practice, 6th Edition

Author Nick Dowding, Kirk Reynolds, Alison Oakes
Publication Date December 2017
ISBN 9780414065444
Format Hardcover
Publisher Sweet & Maxwell

This book is a prominent authority in its area, covering all of the legal concepts connected to dilapidations claims, both residential and commercial, as well as all of the practical components of dilapidations claims. It provides a comprehensive, one-stop reference for dilapidations concerns and choosing the best course of action for the reader. It concisely explains legal ideas and includes practical examples that demonstrate how they apply in practise. There are also precedents, forms, legislation, and lengthy case citations. This book is now widely regarded as the premier text on dilapidations by courts and professionals, and it is often referred to and quoted from.

Key features of Dilapidations: The Modern Law and Practice:

  • The literature delves into the responsibilities of both the landlord and the renter in terms of the status and maintenance of the property.
  • Examines repairing obligations, all sorts of repairing covenants, responsibility, factors influencing duty performance, liability, remedies, and fees.
  • Examines alternative dispute resolution methods, such as arbitration, as well as reform ideas for this area of law.
  • It looks at the regulations for both landlords and tenants, as well as commercial and residential property.
  • Provides a thorough and authoritative examination of legal concepts pertaining to dilapidations, as well as illustrations of how those principles could be used in practise based on pertinent case law.
  • The appendices provide pertinent forms and precedents that support the commentary.
  • The well-known author team proposes a sensible five-question method for analysing the fundamental mending covenants.

New to this edition of Dilapidations: The Modern Law and Practice:

  • A number of chapters have been rewritten in their entirety to reflect both new developments in the relevant legislation and practise, as well as our own evolving thinking.
  • Two new chapters have been added: one on consequential losses (including rent loss) and the other on contractual payment obligations. The former seems to be important enough to warrant its own chapter, while the latter dealt with lease clauses that are becoming increasingly widespread.
  • Consider the impact of the Energy Act 2011, the 7th edition of the RICS Guidance Note "Dilapidations in England and Wales" (which took effect on September 1, 2016), and the new Pre-action Protocol for Housing Disrepair Cases, which took effect on April 6, 2015.

Recent cases referred to in this edition:

  • Courtwell Properties Ltd v Greencore PF (UK) Ltd [2014] EWHC 184 (TCC)
  • Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd [2014] 1 E.G.L.R. 30
  • South Essex Partnership University NHS Foundation Trust v Laindon Holdings Ltd [2016] EWCA Civ 377
  • Edwards v Kumarasamy [2016] UKSC 40; [2016] 3 WLR 310
  • Moorjani v Durban Estates Ltd [2016] 1 WLR 2265
  • Creative Foundation v Dreamland Leisure Ltd [2016] Ch 253
  • Consortium Commercial Developments Ltd v ABB Ltd [2015] EWHC 2128 (TCC)
  • Uddin v Islington [2015] HLR 28
  • Stratton v Patel [2014] EWHC 2677 (TCC)
  • Mussellwhite v Youssefi [2014] EWCA Civ 885; [2014] 2 P & CR 14
  • L Batley Pet Products Ltd v North Lanarkshire Council [2014] UKSC 27; [2014] 3 All ER 64
  • Peel Land and Property (Ports No. 3) Ltd v Sheerness Steel Ltd [2014] EWCA Civ 100; [2014] 2 P&CR 8
  • Reference will also be made to cases decided in Scotland, among them, Trustees for the Bridge Street Partnership v William Hill (Scotland) Ltd([2013] SLT (Sh Ct) 62 and PDPF GP Ltd v Santander UK Plc [2015] CSOH 40), and in the Commonwealth

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