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Dilapidations

Occupier and Invester Facing Dilapidations Advice From The Specialists

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Dispute Resolution: A review of the RICS Dilapidations Scheme

July 13, 2015 By Edward Shaw Leave a Comment

Dispute Resolution: A review of the RICS Dilapidations Scheme for Expert Determination (This article first appeared in the Journal of Building Survey, Appraisal & Valuation Volume 3 Number 4 Dated November 2014) ABSTRACT The RICS announced the setting up of a new initiative for resolving dilapidations disputes by expert determination at the Dilapidations Conference in September […]

Break Clause Conditions – A Legal Minefield

June 16, 2015 By Alex Charlesworth Leave a Comment

Operating a break clause is not simply a case of submitting a formal notice to terminate the lease in accordance with the break clause conditions. This is far from the case, and the devil is in the detail. Break clauses will almost always contain specific requirements for performance; Failure to strictly comply with these pre-conditions […]

Tenant Guide to Landlord Disrepair Claims

April 27, 2015 By Falcon Chambers 1 Comment

disrepair

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 […]

Head tenant held liable for disrepairs outside demise

March 19, 2015 By Milton McIntosh Leave a Comment

liability

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?

March 19, 2015 By Milton McIntosh Leave a Comment

empty_rates

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 […]

Why is the Landlord’s Intention Relevant to Dilapidations?

March 18, 2015 By Guy Fetherstonhaugh QC Leave a Comment

landlords intention

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 […]

Dilapidations Definition. What is Dilapidations?

March 16, 2015 By Alex Charlesworth Leave a Comment

dilapidations definition

Dilapidations definition is an allegation of a breach of a tenant’s legal obligations under the repair, decoration and reinstatement covenants stipulated within a property lease.” Following the identification of a possible breach of lease, a landlord will usually submit a claim for damages (dilapidations claim), which is enforceable in a court of law. Simplified – a […]

Falcon Chambers on Dilapidations Claims

March 12, 2015 By Falcon Chambers Leave a Comment

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?

March 8, 2015 By Stephen Jourdan QC Leave a Comment

tenant's fixture

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?

March 8, 2015 By Stephen Jourdan QC Leave a Comment

chattel

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 […]

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  • Dispute Resolution: A review of the RICS Dilapidations Scheme

    [caption id="attachment_1252" align="alignright" width="300"] Click here to download a PDF copy of the full article[/caption] Dispute Resolution: A review of the RICS Dilapidations Scheme for Expert Determination (This article first appeared in the Journal of Building Survey, Appraisal & Valuation Volume

  • Diminution Valuation Simplified

    [caption id="attachment_1240" align="alignright" width="240"] Click to Download PDF Article[/caption] This is about how a diminution valuation simplified using an imaginary claim with only one effective difference between the parties. A pdf of the full article can be downloaded from here,

  • Break Clause Conditions – A Legal Minefield

    Operating a break clause is not simply a case of submitting a formal notice to terminate the lease in accordance with the break clause conditions. This is far from the case, and the devil is in the detail. Break clauses

  • Tenant Guide to Landlord Disrepair Claims

    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

  • Diminution valuation in dilapidations cases

    Critique of the "Stand In The Street" method - in contrast to the Shortlands residual valuation method THE CRUDE "STAND IN THE STREET" METHOD This method is dying out gradually.  It consists of looking at the building without analysis of

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