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 […]
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 […]