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This new book focuses on the repairing obligation and dilapidations claims arising under commercial leases. An understanding of the basics of the law relating to dilapidations is essential for lease negotiation as problems arising at lease end have their roots in what was agreed at lease commencement. Uniquely, the book also provides a detailed treatment of the law relating to service charge.
Dilapidations claims at lease expiry have become increasingly important in recent years. Changing occupier requirements and reduced occupier demand has led to closer scrutiny of the liabilities of outgoing tenants and of the intention of landlords with regard to redevelopment and/or re-letting of a property. Developments in contract law and the rules of interpretation of contracts in the last decade have also affected how a court will interpret a lease in the event of dispute on its terms and have given rise to important cases.
This is a clear and practical exposition of the law. It covers:
. the underlying common law
. interpretation of the lease
. remedies for breach of repairing obligation
. common parts and service charge
. dispute resolution
Denis J Garrity is an advocate and Lorna Richardson is a Lecturer in Commercial Law at the University of Edinburgh.
About the author
Denis J Garrity, AdvocateLorna Richardson is a Solicitor and Lecturer in Commercial Law at the University of Edinburgh.
Summary
This clear and practical book gives a thorough exposition of the law governing dilapidations in Scotland. It covers the underlying common law; interpretation of the lease; remedies for breach of repairing obligation; common parts and service charge; and dispute resolution.
