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? […]
Falcon Chambers on Dilapidations Claims
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 […]
David Blackmore MRICS (Building Surveyor)
ROLE & RESPONSIBILITIES David is a dilapidations specialist who managed dilapidations for a major landlord for 7 years before joining Savills in 2000 to create and lead their specialist dilapidations team. David joined Lambert Smith Hampton in Oct 1014. David has settled many hundreds of claims for both landlords and tenants, lectures, writes for trade […]
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 […]