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Commercial Property
Property Litigation
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
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Course Aims:

This CPDcast series gives a practical introduction to the law governing dilapidations in commercial leases. In Part One, Sally Blackmore explains the nature and extent of a landlords’ repairing obligation in a commercial lease as well as corresponding obligations incumbent upon a tenant. In Part Two, Amy Stroud explains how the courts will assess damages for breach of a dilapidations covenant.

After completing the course you will:
  • Understand the origins and parameters of landlords’ repairing obligations;
  • Know the extent of a landlord’s duty of care to tenants in respect of repairs;
  • Be aware of relevant timeframes for remedying defects;
  • Have considered the standard to which landlords are expected to carry out repairs;
  • Know what the common law basis is for assessing damages;
  • Know the relevant statutory provisions for assessing damages for breach of dilapidations covenant;
  • Have considered how to calculate damages for breach of dilapidations covenant in practice.
General Interest Difficulty: 2 of 5
Legal Principles
Practical Guide
Sources and References:
  • Alker v Collingwood Housing Association [2007] 2 EGLR 43;
  • Anstruther-Gough-Calthorpe v McOscar [1924] 1 KB 716;
  • BP Refinery (Westernport) Ltd v Shire of Hastings (1978) 52 ALJR 20, PC;
  • Carmel Southend Ltd v Strachan & Henshaw Ltd [2007] 3 EGLR 15;
  • Carstairs v Taylor (1871) LR 6 Exchequer 217;
  • Defective Premises Act 1972, s4;
  • Duke of Westminster v Guild[1985] Q.B. 688, CA (Eng);
  • Gavin v Community Housing Association [2013] 2 P & CR 17;
  • Greg v Planque [1936] 1 KB 669;
  • Hammersmatch Properties (Welwyn) v Saint-Gobain Ceramics and Plastics [2013] P & CR 18;
  • Liverpool CC v Irwin [1977] AC 239, HL;
  • Mason v Totalfinaelf (UK) [2003] 3 EGLR 91;
  • Proudfoot v Hart (1890) 25 QBD 42;
  • Riverside Property Investments Ltd v Blackhawk Automotive [2005] 1 EGLR 14;
  • Twinmar Holdings v Klarius UK and another [2013] EWHC 944;
  • Welsh v Greenwich [2000] 3 EGLR 41.

In this two part CPDcast series, Amy Stroud and Sally Blackmore, barristers from Ely Place Chambers give a practical guide to dilapidations in commercial leases.


Date Recorded: 19th December 2013

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