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Vol 25 No 1 Jan/Feb 2020

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Dilapidations: The Modern Law and Practice 6th ed

ISBN13: 9780414065444
Previous Edition ISBN: 9780414024991
Published: December 2017
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £265.00

In stock.

This book is 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.

This book 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:

  • The text 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
New to this edition:-

  • A number of chapters have been substantially re-written, to reflect both further developments in the relevant law and practice, and the development of our own thinking
  • Two new chapters have been added, one dealing with consequential losses (including loss of rent), and the other with contractual payment provisions. The former seemed to be of sufficient importance to merit its own separate chapter, whilst the latter deals with provisions which are becoming more common in leases
  • The impact of the Minimum Energy Efficiency Standards, which are due to start affecting lettings on 1st April 2018, to consider
  • Consideration of the impact of the Energy Act 2011, the 7th edition of the RICS Guidance Note “Dilapidations in England and Wales” (which came into effect on 1st September 2016) and the new Pre-action Protocol for Housing Disrepair Cases, which came into force on 6th April 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

Series: Property and Conveyancing Library

Reynolds and Clark: Renewal of Business Tenancies 6th ed ISBN REYN6th
To be published December 2020
Sweet & Maxwell Ltd
Gale on Easements 21st ed ISBN GALE21st
To be published December 2020
Sweet & Maxwell Ltd
Gadsden and Cousins on Commons and Greens 3rd ed ISBN 9780414072138
To be published March 2020
Sweet & Maxwell Ltd
Housing Law Looseleaf Pay-as-you-go ISBN 9780421391109
Latest Release December 16, 2019
Sweet & Maxwell Ltd Subscriptions
Hague on Leasehold Enfranchisement 6th ed: 3rd Supplement ISBN 9780414071544
Published June 2019
Sweet & Maxwell Ltd
Cousins On The Law of Mortgages 4th ed ISBN 9780414034365
Published November 2017
Sweet & Maxwell Ltd
Reynolds and Clark: Renewal of Business Tenancies 5th ed ISBN 9780414057548
Published December 2016
Sweet & Maxwell Ltd
Gale on Easements 20th ed ISBN 9780414057517
Published December 2016
Sweet & Maxwell Ltd
Gadsden on Commons and Greens Revised 2nd ed ISBN 9780414025677
Published January 2012
Sweet & Maxwell Ltd
Out of print
Hague on Leasehold Enfranchisement 5th ed ISBN 9781847031341
Published July 2009
Sweet & Maxwell Ltd
Out of print
Muir Watt & Moss: Agricultural Holdings 14th ed ISBN 9780421444904
Published December 1998
Sweet & Maxwell Ltd
Out of print