Property Disrepair and Dilapidations

A Guide to the Law

Author: Rosy Thornton MA , Phd

Publishers: Fourmat, 1992

Overview

Very readable. We are unaware whether it has been revised. If it hasn't it will of course be out of date, having been published in 1992 originally, and we would simply repeat how readable it is. There is a table of cases to the front where you can quickly reference to any particular case you need to know more about.

Format

It works logically through both residential and commercial lease contractual obligations. The cases are introduced and highlight various issues and summaries of the cases can take anything from a few paragraphs to a line, depending upon the specific point being made. A number of cases that are referred to are far greater than we have come across in this type of format previously and must have taken an incredible amount of work to produce. We quote from the rear cover that the book is divided into three parts: firstly it examines the contractual obligations relating to repair between the landlord and tenant; secondly the tortious obligations arising from the defective condition of the premises, and thirdly statute controlled under housing legislation and the Environmental Protection Act.

Readability

A very readable format. The cases are used well. You don't have to search for the reason of particular cases being highlighted, or even look for the subtleties. Rosy Thornton has written a very clear, readable book. Although, as with most dilapidations books, we certainly would not class it has bedtime reading. The rear cover sums it up well as a practical approach to the subject, covering owner occupied and rented premises, both residential and commercial, divided into three parts.

Chapters

Part 1 – Contractual Obligations, which is divided into :

• Chapter 1: The landlord's implied contractual obligations.

• Chapter 2: The tenant's implied contractual obligations

• Chapter 3: The construction of expressed contractual obligations

• Chapter 4: Remedies for breach of contractual obligations

• Chapter 5: Enforceability of contractual obligations after assignment

Part 2 – Tortious Obligations

• Chapter 1: Liability and Negligence

• Chapter 2: Liability and Nuisance

• Chapter 3: Defective Premises Act

• Chapter 4: Occupiers Liability Act

Part 3 – Statutory Control

• Chapter 1: Local Authorities on housing standards

• Chapter 2: Environmental Protection

Sample

Full Repairing and Insuring Leases, the Covenants to Put, Keep and Leave in Repair

Part 1: Contractual Obligations, Chapter 3, The Construction of Expressed Contractual Obligations; sub-section: covenants to put, keep and leave in repair.

This section is very readable. It introduces the relevant cases without being sidetracked from the aim of the section and we feel it constructs a good argument that explains the situation well. Likewise the next section: standard of repairs and the need for disrepairs, repair and renewal, fair wear and tear, exemption, structural external repairs, covenants to paint, repairs in case of fire, miscellaneous points and construction and repairing obligation. From this you can see the depth that each section goes in to and we felt that we had a good understanding of the argument for and against.

Review Upon Reflection

This is certainly one that we would recommend purchasing, hopefully an updated version, if available.

If you require any help with regard to dilapidations,

negotiations, or disputes please contact us on:

0800 298 5434 and we will be happy to help