Repairing obligations and dilapidations

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Repairing obligations and dilapidations content

Q&As
The term must be construed having regard to the words used and the context in which it appears. Effect must be given to each and every word separately...
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22nd Jan
Q&As
When it is asked, ‘can the landlord insist…?’ there are three matters to consider generally—first, the extent of the tenant’s reinstatement...
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Produced in partnership with Desmond Kilcoyne 22nd Jan
Q&As
Timeliness in repairsA landlord’s obligation to keep the demised premises in repair does not entail a positive duty to take remedial action before the...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 22nd Jan
Q&As
A Jervis v Harris provision will contain most if not all the following covenants on the part of the tenant:•to repair the demised premises•to permit...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
This Q&A considers a scenario where consideration has been given, and discusses whether the tenant’s failure to give up vacant possession is...
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22nd Jan
Q&As
The Pre-Action Protocol for Housing Disrepair was replaced, in February 2020, by the Pre-Action Protocol for Housing Conditions Claims (England) to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
A lease is at heart a contract between landlord and tenant which binds both parties by reason of privity of contract and which creates an estate in...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

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