Overview

Excellent cross-referencing, both at the front in the table of cases and table of statutes.  It covers both residential and commercial dilapidation.  We would tend to use it as a reference manual.  It has readable sections, albeit that the case laws are summaries, which are included to clarify a point.  The preface advises that the book celebrated its 70th anniversary in 2003.  It was originally published by Beniah Adkin, who is the Second Principal of the College of State Management.  We are sure things were different back then.

Format

We would describe this book as readable chunks of information, with each chapter, whilst being self-contained, making references to other relevant section's cases.  The cross-referencing in this book really is excellent.

Readability

Very readable in small pieces.  We originally tried to read the book in one go, but found it far more readable when we looked at particular cases that we were interested in that we are presently working on.  The book was able to cover these adequately.  They range from a residential tenant who doesn't presently enjoy the quiet enjoyment of the premises (neighbours very loud) and a usual gauge of how clearly the book explains the issue of repair covenants, how clearly we can gain further information on inherent defects, with reference to the valley gutter case that we are currently working on.

Chapters

There are 14 chapters, as follows:

       Chapter 1: 
       Chapter 2:        
       Chapter 3:        
       Chapter 4:        
       Chapter 5:        
       Chapter 6:        
       Chapter 7:        
       Chapter 8:        
       Chapter 9:        
       Chapter 10:
       Chapter 11:
       Chapter 12:
       Chapter 13:
       Chapter 14:

Sample

The Mysteries Of The Word Repair, Put Leave and Keep

Chapter 5:        Express Repairing Obligations of Tenant

This chapter looks at work repair and explains how the proof of disrepair is onerous on the landlord, also that repair does not necessarily require improvement.  It looks at a contrast between old and new tenancies and also limits a repairing covenant.  It also looks at put, leave and keep in repair: covenants to put in repair, covenants to leave in repair and covenants to keep in repair. In the meaning of "repair" the proof of disrepair and repair do not require improvements. 

Also, for us, there is an interesting section on inherent defects, the lessee's liability to cure inherent defects, stating that he still may have to cure the effects of inherent defects, which can result in an improvement.

Review Upon Reflection

This is a detailed book that we would recommend for reading for specific issues and also enables us to expand a topic by the excellent cross-referencing within the book, which hopefully covers all aspects of the issue you are looking at.  If you require any help with regard to dilapidations, negotiations or disputes please contact us on 0800 298 5434 and we will be happy to help.
WEST & SMITH'S LAW OF DILAPIDATIONS
LEARN MORE ABOUT DILAPS
GET A
QUICK
QUOTE
HERE
Example of a
Schedule
of
Condition
Scott's Schedule
Author:                P. F. Smith BCL, MA
Publishers:          This Date's Gazette (11th Edition)
Foreword:         P. E. Goodacre, MSc, FRICS & FCIOB
If you need help and advise with regard to leases, dilapidations, schedules of condition, dilaps claims, scots schedules or any other matters please call 0800 298 5424 for a friendly chat.  Please note we are independent chartered surveyors.
If you would like Dilaps Help then please visit our www.DilapsHelp.com
website and for Disputes go to our Disputes Help site www.DisputesHelp.com
We hope you found the article of use and if you have any experiences that you feel should be added to this article that would benefit others, or you feel that some of the information that we have put is wrong then please do not hesitate to contact us (we are only human).
The contents of the web site are for general information only and is not intended to be relied upon for specific or general decisions. Appropriate independent professional advice should be paid for before making such a decision
All rights are reserved the contents of the web site is not to be reproduced or transmitted in any form in whole or part without the express written permission of 1stAssociated.co.uk.


GET YOUR PROPERTY CHECKED OUT BEFORE YOU BUY IT
IF THIS WEBSITE INTERESTED YOU, YOU MAY WISH TO LOOK AT THESE:

1st Associated    survey quotes     ProSurveys

Please telephone us on 0800 298 54 24.
Introduction
Waste
Implied of Landlord and Tenant as to repair and fitness
Repairing Obligations of Landlords
Express repairing obligations of tenant
Landlord's remedy for tenant's breach of repairing obligations
Forfeiture for breach of covenant to repair
Tenant's remedies for breach of covenant to repair
Insurance and re-instatement of premises
Liability to repair imposed by statute
Party walls and dangerous structures
Agricultural dilapidations
Third party rights and liabilities
Miscellaneous aspects