Leading authority on repair of property relating to both landlord and tenant and residential and commercial property. Comprehensive discussion of the legal principles relating to dilapidations using case law at the same time as offering worked examples of how these principles might apply in practice. Supported by precedents, statutes and protocols.
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978-1-84703-586-8 (9781847035868)
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Schweitzer Klassifikation
The Existence of the Obligation; The Duration of the Obligation; Who Can Sue and Be Sued; The Construction of repairing and Other Covenants Imposing Liabilities for Dilapidations; The Variety of Obligations Imposing Liability for Dilapidations;
Introduction to the Five-part Analysis of Liability under the General Covenant to Repair; The First Question: What is the Subject Matter of the Covenant?; The Second Question: Is the Subject Matter of the Covenant in a Damaged or Deteriorated Condition?; 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?; The Fourth Question: What Work is Necessary in Order to Put the Subject-Matter of the Covenant Back into the Contemplated Condition?; 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?; The Application of the Repairing Covenant in Relation to Commonly Encountered Defects; Mechanical and Electrical Services and Plant; Forms of Express Repairing Covenant; Other Forms of Covenant Imposing Liability for Dilapidations; Decoration; Covenants to Reinstate Alterations; Destruction of the Subject-Matter; The L
