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 […]
Why Are Dilapidations Claims So Complex and Costly?
Dilapidation claims are often contentious, mainly due to the differences between the landlord’s interpretation of disrepair to the space in question vs. the tenants. The two parties will, no doubt, also have differing viewpoints on the level of repair work that should subsequently be undertaken. So who is right – the tenant or the landlord? […]
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 […]