A residential long leaseholder may be liable without notice to his subtenant under the Landlord and Tenant Act 1985 for disrepairs to communal areas outside his demise by virtue of having a right over those areas. In Edwards v Kumarasamy (2015) Mr K was the long leaseholder of a flat in a residential block. Mr […]
Can Empty Rates be Avoided During Refurbishment Works?
In a case concerning liability to empty rates the Court of Appeal found that an office in the middle of a scheme of refurbishment and not actually fit for occupation still attracted a rates liability. S J & J Monk v Newbigin (VO) (2015) concerned an office building in Sunderland. At the relevant valuation date […]
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 […]