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