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Dilapidations: The Modern Law and Practice

Dilapidations: The Modern Law and Practice
7th Edition, 1st Supplement
Series:  Property and Conveyancing Library
ISBN:  9780414115972
Published by:  Sweet & Maxwell
Publication Date:  19 Dec 2023
Format:  Paperback, eBook - ProView
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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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