The expiry of a lease presents a landlord with the possibility of an income void lasting many months, which has an even greater impact in a difficult lettings market. It is unsurprising, therefore, that unscrupulous landlords sometimes regard a terminal dilapidations claim as a means of offsetting the leaner times ahead. What can a tenant […]
Why is the Landlord’s Intention Relevant to Dilapidations?
Why is the landlord’s intention relevant to dilapidations at the end of the lease term? This paper was written for the RICS Dilapidations Forum Conference 30 September 2014 by Guy Fetherstonhaugh QC. Introduction It is notoriously the case that a claim for damages for terminal dilapidations is limited by section 18(1) of the Landlord and […]
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 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 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 […]