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Dilapidations and service charge
- Author / Creator
- Available as
- Online
- 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 re...
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.
Details
- Creator
- Denis Garrity, Lorna Richardson
- Included Title
-
- JSTOR ebooks
- Format
- Books
- Language
- English
- Contributors
- Publication
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- Edinburgh : Edinburgh University Press, [2019]
- ©2019
- Physical Details
-
- 1 online resource (1 volume.)
- ISBNs
- 9781474473903, 9781474475440, 1474475442, 1474473903
- OCLC
- on1147875182
- Includes bibliographical references and index.
- Intro -- Dilapidations and Service Charge -- Copyright -- Contents -- Preface -- Table of Cases -- Table of Statutes -- Table of Orders, Rules and Regulations -- Chapter 1 Introduction -- 1.1 Commercial property, the common law and "urban leases" -- 1.2 Investment in commercial property -- 1.3 The repairing obligation in context -- 1.4 The commercial relevance of lease duration -- 1.5 Treatment of "repairs" towards expiry of the lease -- 1.6 Single-occupancy and multi-occupancy buildings -- Chapter 2 Defining "the Premises" and "the Common Parts" -- 2.1 Introduction
- 2.2 Single-occupancy buildings -- 2.3 Multiple-occupancy buildings -- 2.4 "The premises" and "the common parts" -- 2.5 Fixtures -- general -- 2.6 What is a fixture? -- 2.7 The role of intention in accession -- 2.8 Trade fixtures -- 2.9 Severance of items from the premises by agreement -- Chapter 3 The Underlying Common Law -- 3.1 Introduction -- 3.2 The landlord's implied warranty at lease commencement -- that the premises let are fit for purpose -- 3.3 The landlord's common law repairing obligation -- 3.4 Ordinary and extraordinary repairs -- 3.5 The tenant's duty to take reasonable care
- 3.6 The absent repairing obligation -- Chapter 4 The Tenant's Repairing Obligations: Reading the Lease and Other Documents -- 4.1 Introduction -- 4.2 Principles of interpretation -- 4.3 The FRI repairing clause -- 4.4 The repairing obligation in detail -- 4.5 Where the premises are not in good condition at lease commencement -- 4.6 Notice of wants of repair and schedules of dilapidations -- 4.7 Exclusions from the tenant's repairing obligations -- 4.8 "Hidden" repairing obligations -- 4.9 Sub-leases -- Chapter 5 Remedies for Breach of the Repairing Obligation -- 5.1 Introduction
- 5.2 Serving a schedule of dilapidations -- 5.3 Remedies available at common law for breach of the lease -- 5.4 Remedies specifically provided for in the lease -- 5.5 Effect of tenant's breach of repairing obligation on rights the tenant has under the lease -- 5.6 Tenant's remedies for breach of the landlord's obligations in relation to the condition of the property -- Chapter 6 Common Parts and Service Charge -- 6.1 Introduction -- 6.2 What is typically a common part and why? -- 6.3 Obligations in relation to common parts and services
- 6.4 Factors to take into account regarding works to common parts or services -- 6.5 The tenant's obligation to pay service charge -- 6.6 Reserve or sinking funds -- 6.7 Tenant's remedies for the landlord's breach of the lease -- 6.8 Landlord's remedies for the tenant's breach of the lease -- Chapter 7 Dispute Resolution -- 7.1 Introduction -- 7.2 Nature of the dispute and remedy sought -- 7.3 When and how are dilapidations identified? -- 7.4 When to consider dispute resolution -- specific implement and damages -- 7.5 Dispute resolution options -- Index