Dilapidations: The Modern Law and Practice

This is the first supplement to the seventh edition of Dilapidations: The Modern Law and Practice - a leading authority in its field, providing comprehensive coverage of the legal principles relating to dilapidations, both residential and commercial, together with all the practical aspects pertaining to dilapidations claims. It offers a comprehensive, one-stop reference, assisting the reader with dilapidations issues and in determining of the best course of action. It discusses the legal principles clearly and accompanies this with worked examples showing how they apply in practice. It also includes precedents, forms, statutes, and extensive case referencing. It is now largely recognised by the courts and the professions as the leading work on dilapidations, and it is referred to, and quoted from, in many cases.

Key features of the mainwork:

• Explores the obligations of landlord and tenant with regard to the state and repair of property
• Looks at repairing obligations, all types of repairing covenant, liability, considerations affecting the performance of obligations, liability, remedies, fees
• Explores alternative ways of resolving claims such as arbitration and proposals for reform this area of law
• It considers the rules in relation to both landlord and tenant and both commercial and residential property
• Offers a comprehensive and authoritative discussion of legal principles relating to dilapidations with examples as to how those principles might apply in practice using relevant case law
• Commentary is supported by relevant forms and precedents in the appendices
• The renowned author team offer a practical five-question approach to analysing the basic repairing covenants

The first supplement to the seventh edition of Dilapidations: The Modern Law and Practice brings the mainwork up to date with the latest developments including:

• Coldunell v Hotel Management International [2022] EWHC 1290 (TCC)
• Ashtenne Caledonia v Saleem [2023] CSOH 18 and Ashtenne Caledonia v Denny Enterprises International [2023] CSOH 20
• Khan v Mehmood [2022] EWCA Civ 791
• Anchor Hanover Group v Cox [2023] UKUT 14 (LC)
• Dorrington Residential v 56 Clifton Gardens [2022] UKUT 266 (LC)
• Tanner v Moss [2022] CSOH 33
• Alma Property Management Ltd v Crompton [2022] EWHC 2671 (Ch) and [2023] EWCA Civ 849

A number of recent decisions from Australia and New Zealand that may be of some interest to the practitioner are also included. These cases show not only how dilapidations questions are dealt with in those jurisdictions but are also a possible source of ideas and arguments.

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1. THE SOURCE AND ENFORCEABILITY OF THE OBLIGATION TO REPAIR
2. THE DURATION OF THE OBLIGATION
3. PARTIES TO DILAPIDATIONS CLAIMS
4. THE INTERPRETATION OF REPAIRING AND OTHER COVENANTS IMPOSING LIABILITY FOR DILAPIDATIONS
5. THE FIRST QUESTION: WHAT IS THE SUBJECT-MATTER OF THE COVENANT?
6. THE SECOND QUESTION: IS THE SUBJECT-MATTER OF THE COVENANT IN A DAMAGED OR DETERIORATED CONDITION?
7. 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?
8. THE FOURTH QUESTION: WHAT WORK IS REQUIRED IN ORDER TO PUT THE SUBJECT-MATTER OF THE REPAIRING COVENANT BACK INTO THE CONTEMPLATED CONDITION?
9. 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?
10. THE APPLICATION OF THE REPAIRING COVENANT IN RELATION TO COMMONLY ENCOUNTERED DEFECTS
11. MECHANICAL AND ELECTRICAL SERVICES AND PLANT
12. FORMS OF EXPRESS COVENANT
13. DECORATION
14. ALTERATIONS
15. COVENANTS TO COMPLY WITH STATUTES AND REGULATIONS
16. REMOVAL OR DESTRUCTION OF THE SUBJECT MATTER
17. THE LANDLORD’S IMPLIED OBLIGATIONS TOWARDS THE TENANT AT COMMON LAW
18. THE LANDLORD’S IMPLIED OBLIGATIONS TOWARDS THE TENANT UNDER STATUTE
19. IMPLIED OBLIGATIONS AND DUTIES OF THE TENANT TO THE LANDLORD
20. MATTERS ANCILLARY TO THE PERFORMANCE OF LANDLORD’S OBLIGATIONS TO REPAIR
21. MATTERS ANCILLARY TO THE PERFORMANCE OF TENANTS’ OBLIGATIONS TO REPAIR
22. FIXTURES AND CHATTELS
23. FORFEITURE
24. OTHER REMEDIES DURING THE TERM
25. DAMAGES AT THE END OF THE TERM (1): THE COMMON LAW MEASURE OF DAMAGES FOR BREACH OF THE COVENANT TO REPAIR
26. DAMAGES AT THE END OF THE TERM (2): THE LANDLORD AND TENANT ACT 1927, s. 18(1)
27. DAMAGES AT THE END OF THE TERM (3): COVENANTS OTHER THAN THE COVENANT TO REPAIR
28. THE TENANT’S REMEDIES FOR BREACH OF COVENANT ON THE PART OF THE LANDLORD
29. FEES AND COSTS
30. DILAPIDATIONS QUESTIONS ARISING IN RELATED FIELDS
31. DILAPIDATIONS CLAIMS IN PRACTICE
32. LITIGATING DILAPIDATIONS CLAIMS
33. ALTERNATIVE DISPUTE RESOLUTION
34. PROPOSALS FOR REFORM

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