Dilapidations

Question 1

Two Dilapidations choices

Answer 1

Tenant agrees to do work

Tenant can pay a sum to the landlord to undertake the works (breach + loss + evidence = recovery)

Question 2

What must be served to the tenant for the dilapidations to take place?

Answer 2

Section 146 notice of the 1925 Law of Property Act

Question 3

Dilapidation claims are limited to…

Answer 3

Either the cost of the works

Or

In accordance with Section 18 of the LTA 1927, the diminution in value of the reversionary interest (the difference in value of the property upon possession has the covenants to repair and decorate not been undertaken)

Question 4

3 forms of schedule

Answer 4

1. Interim schedule - served by the landlord or tenant during the lease
2. Terminal schedule - served normally in the last 3 years
3. Final schedule - served at or after the the lease expiry date