I have spent some time recently reflecting on dilapidations practice and where the market is at the moment and I’m not sure that I like what I see. What follows is a personal view. It does not represent the views of the RICS or Savills, but hopefully will strike a chord with those of you […]
Dilapidations Terminology
Break Clause – specific clause within a lease, which allows a tenant to give notice to terminate the lease before full term. This may contain onerous provisions such as material compliance or giving vacant possession. Contract Administration – when a tenant opts to undertake some or all of the dilapidation works in order to mitigate […]
Common Law Damages and the Statutory Cap
At the end of the term, a landlord may find that he has a damages claim against the departed tenant. It has been conventional to differentiate between the common law measure of damages and the statutory cap on those damages.[1] The Basic Common Law Measure At common law, damages comprised COST OF – BETTERMENT […]
Dilapidations Protocol – A Landlord and Tenant Update
The Dilapidations Protocol was adopted in January 2012. This article reflects on the twelve month following adoption and looks at what this means to Landlords and tenants. Author; Ciara Fairley, Falcon Chambers, 27th February 2013 The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a […]