To what extent can the law and practice concerned with repair and dilapidations in commercial leases be improved?

Gosden, Thomas (2014) To what extent can the law and practice concerned with repair and dilapidations in commercial leases be improved? BSc dissertation, University of Portsmouth.

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    Abstract

    Repairs and dilapidations are a crucial aspect of any commercial lease. However their application has caused significant difficulties over the years, this is reflected in law, academia and practice. In the case of Tea Trade Properties Ltd v. CIN Properties Ltd (1990) 1 EGLR Lord Hoffman expresses the view that repair covenants frequently “illustrate an unnecessary linguistic overkill attempting to obliterate the conceptual target by using a number of words or phrases expressing more or less the same idea”. This can often cause friction between landlords and their tenants as the words are not necessarily to be given their literal meaning. Whilst commentators provide useful guides highlighting the problems and legal solutions there is little real analysis of how the law and practice might be improved. This paper looks to ascertain to what extent the law and practice concerned with repair and dilapidations in commercial leases can be improved. This paper presents results from a series of fully structured interviews involving litigators and non-contentious lawyers in professional practice who regularly deal with repair and dilapidations and an analysis of 100 current commercial repair covenants.
    The primary research indicated that repair covenants differ a substantial amount in terms of drafting and these clauses can be particularly difficult for the ‘non-lawyer’ to construe. This factor in turn has a large effect on disputes during the term and dilapidation claims at the end of the term as obligations are left unfulfilled.
    The implications of the findings are that the law and practice can be improved a substantial amount regarding repair and dilapidations. The drafting of repair covenants need to be written in considerably more standardised and simplistic means so that all parties involved within a lease can easily identify their obligations, eliminating disputes and dilapidation claims. The suggested improvements should facilitate an improvement and enable disputes and dilapidation claims to dramatically reduce.

    Item Type: Dissertation
    Departments/Research Groups: Faculty of Technology > School of Civil Engineering and Surveying
    Depositing User: Beth Atkins
    Date Deposited: 16 Jan 2015 14:59
    Last Modified: 28 Jan 2015 12:47
    URI: http://eprints.port.ac.uk/id/eprint/16450

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