ABSTRACT

This chapter examines a number of diverse aspects of the law of dilapidations. The House of Lords have confirmed a long-standing rule that a covenant to repair freehold land cannot run with the burdened land in equity, so that once the original covenantor has sold his freehold, the covenant cannot be enforced against the purchaser by the neighbouring freeholder. A business tenant may obtain compensation on quitting for improvements to the demised premises, under Part I of the Landlord and Tenant Act 1927. In this way the landlord does not unfairly gain the full benefit from the work. Rent review clauses are many and varied. They generally have in common the aim of protecting the value of the landlord's rental income against inflation, by envisaging an increase in the rent level to that of the open market at regular, short intervals, which purpose has been recognised judically.