Podcast Location:
Download it here [file size: 38 MB]
Categories:
Commercial Property
Property Litigation
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

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

Outcomes:
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.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Panel Discussion
Practical Guide
Sources and References:
  • Crewe Services & Investment Corp v Silk [1998] 2 EGLR 1;
  • Culworth Estates Ltd v Society of Licensed Victuallers (1991) 62 P&CR 211;
  • Graham v The Markets Hotel Pty Ltd (1943) 67 CLR 567;
  • Haviland v Long [1952] 2 QB 80;
  • Housing Act 1974, Schedule 8;
  • Inderwick v Leech (1885) 1 TLR 484;
  • Joyner v Weeks [1891] 2 QB 31;
  • Landlord and Tenant Act 1927, section 18 (1);
  • Latimer v Carney [2006] EWCA Civ 1417;
  • Mason v TotalFinaElf UK Ltd [2003] 3 EGLR 91;
  • Ruxley Electronics & Construction Ltd v Forsyth [1996] AC 344;
  • Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd [2013] 2 P&CR 4;
  • Ravensgate Estates Ltd v Horizon Housing Group Ltd [2007] EWCA CIv 1368;
  • Rawlings v Morgan (1865) 18 C.B 776;
  • Ultraworth v General Accident Fire & Life Assurance Corporation [2000] EWHC 172 (TCC);
  • Van Dal Footwear v Ryman [2010] 1 WLR 2015.
Tags:

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.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 19th December 2013

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