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.
Now in its seventh edition, Hague on Leasehold Enfranchisement remains the definitive source on the law and procedures to follow for enfranchisements involving houses, collective enfranchisement of flats and the individual right to a new lease.
The authors expertly guide the reader through all the major legislation including the Leasehold Reform Act of 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full. Precedents and worked examples are also included and statutory material can be found in the appendices, so the reader knows precisely what the law requires and what necessary action to take.
Hague’s practical approach guides the reader through the process of acquiring the freehold from qualifying premises, tenancies and persons to terms of acquisition and valuation
Covers all major legislation including the Leasehold Reform Act 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full
The authors analyse the major decisions and apply them to the principles of the law and practice
The book aims to clarify common problems and offer clear insight into the practical application of the law
This highly regarded text is frequently cited in court
The authors’ lucid style and structure means the book is suitable for lawyers, landlords or tenants
Contains a full complement of precedents further assisting the busy practitioner
This Supplement brings the Seventh Edition up to date, by including all the new cases decided in the period of more than three years since it was published. These include a number of important Court of Appeal, High Court, and Upper Tribunal decisions. The Appendices have also been updated. Practitioners dealing with existing claims, pending anticipated changes - if and when the new Bill is passed - will find it invaluable.
Now in its seventh edition, Hague on Leasehold Enfranchisement remains the definitive source on the law and procedures to follow for enfranchisements involving houses, collective enfranchisement of flats and the individual right to a new lease.
The authors expertly guide the reader through all the major legislation including the Leasehold Reform Act of 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full. Precedents and worked examples are also included and statutory material can be found in the appendices, so the reader knows precisely what the law requires and what necessary action to take.
Hague’s practical approach guides the reader through the process of acquiring the freehold from qualifying premises, tenancies and persons to terms of acquisition and valuation
Covers all major legislation including the Leasehold Reform Act 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full
The authors analyse the major decisions and apply them to the principles of the law and practice
The book aims to clarify common problems and offer clear insight into the practical application of the law
This highly regarded text is frequently cited in court
The authors’ lucid style and structure means the book is suitable for lawyers, landlords or tenants
Contains a full complement of precedents further assisting the busy practitioner
This Supplement brings the Seventh Edition up to date, by including all the new cases decided in the period of more than three years since it was published. These include a number of important Court of Appeal, High Court, and Upper Tribunal decisions. The Appendices have also been updated. Practitioners dealing with existing claims, pending anticipated changes - if and when the new Bill is passed - will find it invaluable.
Business Premises: Possession and Lease Renewal provides clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises, and how a tenant can oppose such action or renew the lease. Written from the litigator’s point of view, this guide covers a comprehensive range of areas including termination, non-payment of rent, licenses, forfeiture, proceedings for possession and applications for new tenancies.
Key features:
Clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises and how a tenant can oppose such action or renew the lease
Takes the practitioner step-by-step through the process, with guidelines on correct procedures to adopt, evidence required, and orders the court may make
Fully updated with key case law developments since the last edition and how they impact process and procedure
Reproduces specimens of essential forms, letters, draft pleadings, notices and affidavits and directly refers to them throughout
New to this edition:
Greater clarity over the contracting out provisions
Supreme Court guidance on the test for intention in cases under s30(1)(f)
Cases on tenancies at will, effectiveness of heads of terms in creating new leases, signatures on emails, forfeiture, notices, redevelopment clauses.
Revised chapter on Electronic Communications Code to take on board a number of developments
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