This is the first supplement to the seventh edition of Dilapidations: The Modern Law and Practice - a leading authority in its field, providing comprehensive coverage of the legal principles relating to dilapidations, both residential and commercial, together with all the practical aspects pertaining to dilapidations claims. It offers a comprehensive, one-stop reference, assisting the reader with dilapidations issues and in determining of the best course of action. It discusses the legal principles clearly and accompanies this with worked examples showing how they apply in practice. It also includes precedents, forms, statutes, and extensive case referencing. It is now largely recognised by the courts and the professions as the leading work on dilapidations, and it is referred to, and quoted from, in many cases. Key features of the mainwork: Explores the obligations of landlord and tenant with regard to the state and repair of property Looks at repairing obligations, all types of repairing covenant, liability, considerations affecting the performance of obligations, liability, remedies, fees Explores alternative ways of resolving claims such as arbitration and proposals for reform this area of law It considers the rules in relation to both landlord and tenant and both commercial and residential property Offers a comprehensive and authoritative discussion of legal principles relating to dilapidations with examples as to how those principles might apply in practice using relevant case law Commentary is supported by relevant forms and precedents in the appendices The renowned author team offer a practical five-question approach to analysing the basic repairing covenants The first supplement to the seventh edition of Dilapidations: The Modern Law and Practice brings the mainwork up to date with the latest developments including: Coldunell v Hotel Management International [2022] EWHC 1290 (TCC) Ashtenne Caledonia v Saleem [2023] CSOH 18 and Ashtenne Caledonia v Denny Enterprises International [2023] CSOH 20 Khan v Mehmood [2022] EWCA Civ 791 Anchor Hanover Group v Cox [2023] UKUT 14 (LC) Dorrington Residential v 56 Clifton Gardens [2022] UKUT 266 (LC) Tanner v Moss [2022] CSOH 33 Alma Property Management Ltd v Crompton [2022] EWHC 2671 (Ch) and [2023] EWCA Civ 849 A number of recent decisions from Australia and New Zealand that may be of some interest to the practitioner are also included. These cases show not only how dilapidations questions are dealt with in those jurisdictions but are also a possible source of ideas and arguments.

Preston and Newsom provides comprehensive guidance on the effect, enforcement, modification and removal of covenants restricting the use of freehold land. It also considers user covenants in leases, rentcharges, easements, and other rights. Explains how the benefit of covenants can pass to new owners and occupiers of benefited land Explains when new owners and occupiers of registered and unregistered land should comply with restrictive covenants Explains schemes of mutually enforceable restrictions Considers the effect of user covenants in rentcharges and easements Gives practical advice on drafting effective restrictive covenants and schemes Reviews numerous cases on the meaning of particular covenants Applies important recent case law on the interpretation of legal documents to covenants Considers powers of nominated persons to release restrictions and to approve plans Considers what activities breach a wide variety of typical restrictions Discusses the merits and risks of asking the court for an injunction Explains recent legal developments about whether damages can be awarded instead of an injunction and what damages can be awarded Explains the special court procedures for a universal declaration about whether a covenant continues to be effective; who is affected by it; and whether it prevents a particular project Explains the power and judicial discretion of the Upper Tribunal to modify or terminate restrictions Explains who can apply to the Tribunal and who can object Explains the preliminary and hearing procedures of the Lands Chamber of the Upper Tribunal Explains the Tribunal’s special procedures in covenant proceedings Explains how the titles of objectors can be challenged in the Upper Tribunal or in the courts Considers in detail what sorts of restrictions can be modified in what circumstances Reviews many Tribunal decisions and explains what compensation can be awarded Explains how the Tribunal decides whether to award costs in covenant proceedings Explains the criteria and procedure for appealing Upper Tribunal decisions Considers other ways in which covenants can be altered, limited, suspended or ended Includes appendix materials containing relevant statutes, procedural rules, practice directions, standard forms, practice statements and up-to-date tables of Upper Tribunal decisions from the last 10 years Includes references to a variety of relevant court decisions and statutes in commonwealth jurisdiction

Renewal of Business Tenancies provides expert guidance on all the stages of business tenancy renewal - both those under the Landlord and Tenant Act 1954 and the amended procedures introduced in 2004. It takes readers systematically through each stage of the renewal process, including termination, serving notices and responding, applications for new tenancies, opposition on the part of the landlord, terms of new tenancy, carrying out the order, and preparing for hearings. Explains how the law is applied, the right to renew and the role of the court Goes through the individual components of the tenancy renewal process from termination to the hearing and afterwards Details the transactions to which the Landlord and Tenant Act 1954 applies Presents a range of examples throughout the text, giving highly practical solutions to complex procedures Provides advice on tactics and timing to help get the best results for clients Proposes workable solutions to the problems encountered Shows how to prepare for hearings, what to do, and how to deal with the aftermath Supports the text by reference to statutes, practice directions, and CPR Presents non-prescribed forms and precedent

Preston and Newsom provides comprehensive guidance on the effect, enforcement, modification and removal of covenants restricting the use of freehold land. It also considers user covenants in leases, rentcharges, easements, and other rights. Explains how the benefit of covenants can pass to new owners and occupiers of benefited land Explains when new owners and occupiers of registered and unregistered land should comply with restrictive covenants Explains schemes of mutually enforceable restrictions Considers the effect of user covenants in rentcharges and easements Gives practical advice on drafting effective restrictive covenants and schemes Reviews numerous cases on the meaning of particular covenants Applies important recent case law on the interpretation of legal documents to covenants Considers powers of nominated persons to release restrictions and to approve plans Considers what activities breach a wide variety of typical restrictions Discusses the merits and risks of asking the court for an injunction Explains recent legal developments about whether damages can be awarded instead of an injunction and what damages can be awarded Explains the special court procedures for a universal declaration about whether a covenant continues to be effective; who is affected by it; and whether it prevents a particular project Explains the power and judicial discretion of the Upper Tribunal to modify or terminate restrictions Explains who can apply to the Tribunal and who can object Explains the preliminary and hearing procedures of the Lands Chamber of the Upper Tribunal Explains the Tribunal’s special procedures in covenant proceedings Explains how the titles of objectors can be challenged in the Upper Tribunal or in the courts Considers in detail what sorts of restrictions can be modified in what circumstances Reviews many Tribunal decisions and explains what compensation can be awarded Explains how the Tribunal decides whether to award costs in covenant proceedings Explains the criteria and procedure for appealing Upper Tribunal decisions Considers other ways in which covenants can be altered, limited, suspended or ended Includes appendix materials containing relevant statutes, procedural rules, practice directions, standard forms, practice statements and up-to-date tables of Upper Tribunal decisions from the last 10 years Includes references to a variety of relevant court decisions and statutes in commonwealth jurisdiction

This highly regarded and frequently cited title, first published in 1839, is a detailed analytical text that interprets statute and case-law and suggests solutions to the many problems that may arise. The authors provide summaries and informed examination of case law to help make clear the main themes of the law of easements and their subtle variations and exceptions. Gale on Easements: Interprets both statute and case law, suggesting solutions to problems which may arise in practice Sets out what constitutes an easement and goes on to focus on particular types, such as right of light, rights of way, air and support, boundaries and access to neighbouring land Traces cases to the present day from an historical point of view Explains the development of the law via in-depth analysis of latest case law Offers remedies and advice for when an easement has been disturbed Provides summaries and examination of case law, including a wide range of Commonwealth cases Goes through the ways easements can be created Examines the how easements can be extinguished Defines what amounts to disturbance of easements and identifies the available remedies This 21st edition brings the reader up to date on the key caselaw developments since the last edition in 2016, including: The decision of the Supreme Court in the Regency Villas case, which reviewed the essential characteristics of an easement as originally identified in Re Ellenborough Park which clarifies numerous points Plymouth (Earl of) v Rees in the Court of Appeal which considered the implied limitations on an apparently wide right of entry reserved in a lease and set out the principles to be applied in construing such reservations Welford v Graham in which the burden of proof in prescription claims was elucidated The rule in Harris v Flower that a right of way may only be used for gaining access to the land identified as the dominant tenement in the grant continues to give rise to problems at the margins. Gore v Naheed says that it is all a matter of construction. Whether this enables all the authorities to be reconciled is discussed in detail Poste Hotels Limited v Cousins and London Borough of Brent v Malvern Mews which provided an interesting pair of decisions about when the court should grant a negative declaration; in one such a declaration was not granted and in the other it was Plus analysis of the many other decisions both at first instance and on appeal which illustrate established principles.

Preston and Newsom provides comprehensive guidance on the effect, enforcement, modification and removal of covenants restricting the use of freehold land. It also considers user covenants in leases, rentcharges, easements, and other rights. Explains how the benefit of covenants can pass to new owners and occupiers of benefited land Explains when new owners and occupiers of registered and unregistered land should comply with restrictive covenants Explains schemes of mutually enforceable restrictions Considers the effect of user covenants in rentcharges and easements Gives practical advice on drafting effective restrictive covenants and schemes Reviews numerous cases on the meaning of particular covenants Applies important recent case law on the interpretation of legal documents to covenants Considers powers of nominated persons to release restrictions and to approve plans Considers what activities breach a wide variety of typical restrictions Discusses the merits and risks of asking the court for an injunction Explains recent legal developments about whether damages can be awarded instead of an injunction and what damages can be awarded Explains the special court procedures for a universal declaration about whether a covenant continues to be effective; who is affected by it; and whether it prevents a particular project Explains the power and judicial discretion of the Upper Tribunal to modify or terminate restrictions Explains who can apply to the Tribunal and who can object Explains the preliminary and hearing procedures of the Lands Chamber of the Upper Tribunal Explains the Tribunal’s special procedures in covenant proceedings Explains how the titles of objectors can be challenged in the Upper Tribunal or in the courts Considers in detail what sorts of restrictions can be modified in what circumstances Reviews many Tribunal decisions and explains what compensation can be awarded Explains how the Tribunal decides whether to award costs in covenant proceedings Explains the criteria and procedure for appealing Upper Tribunal decisions Considers other ways in which covenants can be altered, limited, suspended or ended Includes appendix materials containing relevant statutes, procedural rules, practice directions, standard forms, practice statements and up-to-date tables of Upper Tribunal decisions from the last 10 years Includes references to a variety of relevant court decisions and statutes in commonwealth jurisdiction

This highly regarded and frequently cited title, first published in 1839, is a detailed analytical text that interprets statute and case-law and suggests solutions to the many problems that may arise. The authors provide summaries and informed examination of case law to help make clear the main themes of the law of easements and their subtle variations and exceptions. Gale on Easements: Interprets both statute and case law, suggesting solutions to problems which may arise in practice Sets out what constitutes an easement and goes on to focus on particular types, such as right of light, rights of way, air and support, boundaries and access to neighbouring land Traces cases to the present day from an historical point of view Explains the development of the law via in-depth analysis of latest case law Offers remedies and advice for when an easement has been disturbed Provides summaries and examination of case law, including a wide range of Commonwealth cases Goes through the ways easements can be created Examines the how easements can be extinguished Defines what amounts to disturbance of easements and identifies the available remedies This 21st edition brings the reader up to date on the key caselaw developments since the last edition in 2016, including: The decision of the Supreme Court in the Regency Villas case, which reviewed the essential characteristics of an easement as originally identified in Re Ellenborough Park which clarifies numerous points Plymouth (Earl of) v Rees in the Court of Appeal which considered the implied limitations on an apparently wide right of entry reserved in a lease and set out the principles to be applied in construing such reservations Welford v Graham in which the burden of proof in prescription claims was elucidated The rule in Harris v Flower that a right of way may only be used for gaining access to the land identified as the dominant tenement in the grant continues to give rise to problems at the margins. Gore v Naheed says that it is all a matter of construction. Whether this enables all the authorities to be reconciled is discussed in detail Poste Hotels Limited v Cousins and London Borough of Brent v Malvern Mews which provided an interesting pair of decisions about when the court should grant a negative declaration; in one such a declaration was not granted and in the other it was Plus analysis of the many other decisions both at first instance and on appeal which illustrate established principles.

Renewal of Business Tenancies provides expert guidance on all the stages of business tenancy renewal - both those under the Landlord and Tenant Act 1954 and the amended procedures introduced in 2004. It takes readers systematically through each stage of the renewal process, including termination, serving notices and responding, applications for new tenancies, opposition on the part of the landlord, terms of new tenancy, carrying out the order, and preparing for hearings. Explains how the law is applied, the right to renew and the role of the court Goes through the individual components of the tenancy renewal process from termination to the hearing and afterwards Details the transactions to which the Landlord and Tenant Act 1954 applies Presents a range of examples throughout the text, giving highly practical solutions to complex procedures Provides advice on tactics and timing to help get the best results for clients Proposes workable solutions to the problems encountered Shows how to prepare for hearings, what to do, and how to deal with the aftermath Supports the text by reference to statutes, practice directions, and CPR Presents non-prescribed forms and precedent

Now in its 16th edition, Muir Watt & Moss: Agricultural Holdings provides a comprehensive and authoritative discussion of the legal principles relating to agricultural tenancies with examples as to how the principles apply in practice, using relevant case law and secondary materials. With comprehensive treatment of both the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995, the commentary is supported by appendices including relevant statutes, statutory instruments, non-prescribed forms, and details of statutory forms available online. Importantly, the appendices also contain procedural tables, taking the reader through the steps required in a variety of statutory procedures and applications. Key features: A definitive work with a strong established reputation – it has been a leading authority since it first published in 1912 Deals comprehensively with each of the two statutory regimes governing agricultural tenancies – the Agricultural Tenancies Act 1995 and the Agricultural Holdings Act 1986 – and explains which applies The principles and case law under both Acts receive full analysis, with explanations of the different types of tenancy and the rules applying to each Deals with such matters as tenancy creation, rent review, repairs and maintenance, removal of fixtures, security of tenure, succession, and termination Explains the contractual and statutory obligations and rights of both landlord and tenant Addresses the key practical issues confronting a landlord or tenant, such as whether fixtures can be removed, whether and if so, how much compensation is available when a tenancy is terminated, how rent is to be reviewed and what happens on death or retirement Gives guidance on effective service of notices under each Act The detailed procedural tables help ensure the correct procedures are followed and appropriate deadlines in relation to termination, succession, compensation, and variation of rent are met