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
Landlord’s repairing obligationsThe landlord will only have repairing obligations to the extent of any express obligations in the tenancy, subject to...
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22nd Jan
Q&As
We do not have a precedent letter for serving an interim dilapidations'>schedule of dilapidations. However, the main differences between a schedule...
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22nd Jan
Q&As
The tenancy agreement may well envisage the situation whereby the tenant wants to change the keys and set out the procedure for doing so. The terms of...
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Produced in partnership with Elizabeth England of 42 Bedford Row 22nd Jan
Q&As
Landlord claiming against themselves as partner in tenant partnershipWe are not aware of there being any principle preventing a landlord (in their...
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22nd Jan
Q&As
In the absence of an express covenant, a landlord gives no warranty that the premises are or will remain physically fit for the use contemplated and...
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22nd Jan
Q&As
The recent decision in Moorjani v Durban Estates Ltd [2015] EWCA Civ 1252 dealt with the issue of whether a tenant could still claim loss if they had...
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22nd Jan
Q&As
Where a commercial lease falls outside the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954), the right of the tenant to remain in...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
A claim for dilapidations is a claim against a tenant arising out of the state of premises, arising out of a covenant to maintain and repair. It is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
It is not uncommon for a tenant to leave behind possessions after vacating a rental property. A landlord is not at liberty simply to dispose of such...
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22nd Jan

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