In the Journal of Property Valuation & Finance we run regular Law Briefings looking at case law relating to Landlord and Tenant and Rent Reviews. Likewise, in my student days and latterly in practice, it was very apparent that good property management and an understanding of property litigation go hand in hand. For these reasons alone, reviewing Commercial Property Litigation (2nd Edition) by James Fieldsend and Paul McAndrews, is an appropriate task for this journal.
That said, I have to admit that I have not sat down and read the book from cover to cover. Instead, I have been dipping into the various sections and what has struck me about each section is that they are written so well. Each chapter is clear and insightful. My measure of a good law text for real estate is to compare it to Real Estate Management by Card, Murdoch and Murdoch. And, I am glad to say that it compares very favourably. In fairness, the Card text is a traditional textbook and develops sequentially to provide the student with a complete overview of all aspects of real estate law. Commercial Property Litigation is a different type of book. It is a reference document and should be viewed as such.
Property litigation and, indeed, all litigation stems from different viewpoints and, often, intransigence. The authors recognise this and argue that the role of a lawyer, at least initially, is to advise against litigation. Or, if appropriate, suggest other avenues to resolve their differences. The section on Alternative Dispute Resolution (ADR) is particularly pertinent in this regard.
Overall the book splits into a number of sections/chapters. These are:
Notices;
Invalidity of notices;
Lease renewals;
Dilapidation’s and repairing obligations;
Assignment and subletting, change of use and alterations;
Landlord and Tenants (Covenants) Act 1995;
Side letters and variations of lease;
Surrender;
Forfeiture;
Commercial rent arrears recovery;
Service charge recovery in commercial premises;
Recovery of possession; and
Alternative Dispute Resolution (ADR).
As a book, it is a wonderful reference document and every property manager should have a copy on their shelf. An in-depth understanding of the pitfalls and, latterly, outcomes of previous property litigation will arm the surveyor with an ability to seek solutions outside the courtroom. This is an essential textbook for all real estate practitioners.
