Dilapidations and Service Charge

Denis Garrity, Lorna Richardson

Research output: Book/ReportBook

Abstract

Examines the repairing obligation and dilapidations claims arising under commercial leases in Scotland.

An understanding of the basics of dilapidations law is essential for commercial lease negotiation. Many of the problems that arise at the end of a lease have their roots in what was agreed at the beginning. This clear and practical book gives a thorough exposition of the law governing dilapidations in Scotland.

It covers the following areas:
-The underlying common law
-Interpretation of the lease
-Remedies for breach of repairing obligation
-Common parts and service charge
-Dispute resolution

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. Additionally, developments in contract law and the rules of interpretation of contracts in the last decade have affected how a court will interpret or construe a lease in the event of dispute on its terms, which has given rise to important cases.
Original languageEnglish
Place of PublicationEdinburgh
PublisherEdinburgh University Press
Number of pages156
Edition1st
ISBN (Print)9781474473903
Publication statusPublished - 30 Oct 2019

Keywords

  • commercial law
  • property law
  • dilapidations
  • service charge
  • tenancy agreements
  • leases
  • private law
  • landlords

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