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:
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Enforcing obligations in mid-term
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The role of schedules of condition
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Assessing the 'loss of rent' element
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The role of expert valuers
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Repair v improvements
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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
