Dilapidations Update
Responsibility for Repair in a Changing World
This update session gives an opportunity not only to get a practical grip on new developments, but also to get some perspective on the topic and understand the context of the law as it currently stands.
Module Duration: 2 hours 51 minutes
Recorded: 02/12/2024
Price £105 + VAT Login to View or Register to Buy
Areas covered
Sustainability and Dilapidations
- Supersession of claims because of landlords’ upgrades
- Can we minimise the waste associated with today’s dilaps claims?
- Can we minimise the waste associated with tomorrow’s dilaps claims?
Caselaw Round-Up
- Peachside v Lee - diminution in value when Landlord has carried out works
- Brown v Ulrick - damages for alterations without consent
- The Tropical Zoo Ltd v LB Hounslow - interaction of Jervis v Harris and forfeiture for disrepair
- Gill v Lees News - opposing renewal of lease on disrepair grounds
- Alma Property Management v Crompton - attempt to obtain specific performance of repair obligation
- Dandara South East v Medway Preservation - expert determination clauses
- Churchill v Merthyr Tydfil County Borough Council - compulsory ADR
Giving the Landlord Back a Better Property
- Obligation to put into repair
- ‘Repair’ and ‘good condition’ - what is the difference?
- Benchmarking the required standard of repair
- Repair v Replacement/renewal
- Repair v Improvement
- Structural and inherent defects - Tower Hamlets LBC v Lessees of Brewster House and Maltings House
Schedules of Condition - Intention v Reality
- How do schedules of condition operate in practice
- Practical complications
- Legal/interpretation complications
- Is there an alternative?
Speakers
- Mark Shelton, Commercial Property Management Law Trainer, CPM Law Training Limited and Author of 'A Practical Guide to the Law of Dilapidations' and 'A Practical Guide to Applications for Landlords' Consent and Variation of Leases'
- Jon Rowling FCIArb FRICS, Director – Dilapidations and Dispute Resolution, JLL