At the heart of any dilapidations dispute is the appropriate meaning to attribute to the words of a repairing covenant. This paper considers, first, the process of construing repairing covenants and establishing whether a landlord or a tenant has a remedy in any given case. Secondly, the various remedies open to the parties will be […]
Must a tenant remove tenant’s fixtures?
Battles about Chattels Part 4 of 4 Chattels – The General Rule Nearly every lease has an express covenant by the tenant to yield up possession at the end of the term. Even if there is no express covenant, there will be an implied obligation to deliver up vacant possession when the lease ends. This […]
What is a tenant’s obligation if a chattel is let with the building?
Battles about Chattels Part 3 of 4 The tenant’s obligations in respect of chattels let with the building e.g. carpets which are not fixtures will depend entirely on the terms of the lease; it is not possible to give any general guidance. They may be referred to in the lease expressly, or as “fittings” (see […]
Is it a Fixture?
What is a fixture or chattel?
Battles about Chattels Part 1 of 4 Classification – chattels, fixtures, landlord’s fixtures, tenant’s fixtures, fittings, part of the building If you visit an office building you will see a variety of things that, at one time or another, have been brought to the land. At one extreme there is the structure of the building […]
Break Clause cases
Recent Break Clause Cases (Part 2) NB This paper should be read in conjunction with Part 1, which summarises some of the mechanics of break clauses that often arise for consideration. PCE Investors Limited v Cancer Research UK [2012] EWHC 884 Facts: The break clause required T to pay the rents reserved by the lease up […]
Breaking a Lease -A Legal Perspective
Breaking a Lease Requires an Understanding of the Legal Pitfalls IN THE CONTEXT OF ANY COMPANY restructuring or reorganisation, the presence of a break clause in one of the company’s leases is a valuable thing indeed. This will enable the tenant to move out of unwanted or over rented space. At the very least, if the […]
Break Clauses in Dilapidations
A review of recent decisions and developments relating to a break clause, including validity of notices, service and estoppel, compliance with conditions and giving vacant possession. Introduction The purpose of this paper is to review of some recent decisions relating to the exercise of break notices. The form of this paper will take two parts. […]
Dilapidations Protocol – Quotes for Surveyors
Since the formal adoption of the Dilapidations Protocol under the CPR, the issue of compliance or non-compliance with the Protocol has been a talking point and a bit of a battle ground in negotiations. The issue has created a lot of “heat” but little “light”. To help cut through this, dilapidations surveyors, in discussions with […]
Dilapidations Settlements – Do’s and don’ts
Where proceedings are issued but the claim reaches a dilapidations settlement beforehand, the lawyers will usually deal with the documentation of the settlement. However, the vast majority of dilaps claims settle without the need for court proceedings and the surveyors document the agreements. The following is a checklist for those situations: Do set out the […]