Repairing obligations and dilapidations

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov

Most recent Repairing obligations and dilapidations content

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...
Read More >
22nd Jan
Q&As
This will depend on whether there is an exception for fair wear and tear in the lease, and if so, how it is construed. In theory, an exception for...
Read More >
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...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
The landlord may have obligations to repair under an express term of the lease or, if a residential landlord, arising from an implied statutory...
Read More >
22nd Jan
Q&As
There are a significant number of authorities on what constitutes repair (see Practice Note: What is the appropriate standard of repair?). In summary,...
Read More >
22nd Jan
Q&As
Is there an implied right of re-entry?There is no implied right to re-enter commercial premises to carry out repairs in circumstances where the tenant...
Read More >
22nd Jan
Q&As
We refer you to the Precedent clauses contained in Repair, decoration and maintenance: EF&P 22(3)B 23. Depending on the nature of the lease in...
Read More >
22nd Jan
Q&As
Case studyA lease of a telecoms mast granted in 1951 includes a covenant ‘to keep in repair’ the track leading to the mast. The track consists of part...
Read More >
22nd Jan
Q&As
Where a lease which is within the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954) is to be renewed by agreement, it is...
Read More >
22nd Jan
Q&As
When does the question of assessment arise in such cases?During the term of a lease, if the tenant has failed to comply with its repairing obligations...
Read More >
22nd Jan

Popular documents