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Written by three surveyors, each with extensive experience in the sector, Dilapidations and Service Charge Disputes will guide practitioners through the common and new practices involved in dealing with disputes on dilapidations and service charge matters. The book offers practical guidance on the related topics of dilapidations and service charge disputes, bridging the gap between heavy-weight legally focussed case law publications and the lighter weight guidance notes. It offers practical and theoretical advice that will be invaluable to any surveyor or solicitor dealing with: condition reports prior to a lease agreement litigation avoidance advice dilapidations law and precedent. Beneficial to surveyors and solicitors acting on behalf of tenants or landlords, this book provides the information and practical advice that can help you improve in your role.
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.
Covering residential, commercial and agricultural leases the fifth edition provides guidance on a wide range of topics including local authority tenancies, crofts, the Agricultural Holdings Acts and valuations of market rent. The fifth edition: - Takes full account of recent legislative changes including the Private Housing (Tenancies) (Scotland) Act 2016 and the Land and Buildings Transaction Tax (Scotland) Act 2013. - Details relevant new case law and the many changes in residential leases including legislation to abolish sales of public sector housing (the 'Right to Buy' scheme) and the introduction of the new 'private residential tenancy' covering renting rights. - Covers the Scottish Law Commission's review of commercial leases regarding how leases are terminated. - Covers the new Modern Limited Duration Tenancy for agricultural tenants, introduced by the Land Reform (Scotland) Act 2016.
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.
Discusses the legal principles governing dilapidated premises. This book examines the express implied and statutory repairing obligations of landlord and tenants. It looks at the remedies which are available to both parties to a lease if a repairing obligation is broken. It is useful for both professionals and students in the dilapidations field.
This report, unlike most other Law Commission reports, does not focus on reform of substantive law, but rather deals with the broader social issues of how housing problems arise and how they might be dealt with better. At the heart of the recommendations is the suggestion that all those providing housing advice and assistance should develop services based on a "triage plus" system. This has three elements: (1) Signposting: providing initial diagnosis of the problem and referral to the best route for resolution; (2) Intelligence gathering and oversight: increasing understanding of how problems arise; (3) Feedback: to improve decision-taking and prevent disputes arising. Another key proposal is that other means of resolving disputes, outside of formal adjudication, should be used wherever possible. An earlier report, "Renting homes " (Law Com. 297, Cm. 6781, ISBN 9780101678124) made recommendations for the simplification of current housing law and practice, and implementation of those proposals would improve the position in relation to disputes.
Building Surveys has been a trusted guide for both students and professionals for nearly 40 years, evolving throughout its nine editions to address the challenges and responsibilities of the building surveying role. It covers everything needed for initial inspections such as equipment, know-how and procedures to writing an accurate report, making it indispensable to those practising in or studying this field. • This updated Ninth Edition features new material on modern methods of construction, new sustainable materials, new surveying technologies and industry developments in the wake of the Grenfell Fire. • Essential reading for building construction students, professional surveyors and others who may be required to inspect and report on buildings. • Illustrated throughout with colour photos showing examples of building defects in full detail. All the structural aspects of property surveying are explained, covering foundations, walls and roofs as well as what to look out for and how to deal with problems. Materials and techniques no longer in use are covered as well as new technologies, so the reader is prepared for anything they might encounter. Legal considerations and recent cases are also used to illustrate good working practice, making this an extremely practical companion to the subject.
This book is a practical guide to the law of dilapidations aimed at general practice solicitors and surveyors.