Dilapidations are Coming Back - Be Prepared
This webinar considers the issues of dilapidations in the present economic climate. The lifting of restrictions on landlords’ remedies during the pandemic is on the horizon, and available methods of enforcement will be dusted off. Landlords will want to be sure they are not missing any tricks in maximising end-of-term settlements, while tenants will want to be well prepared for potential claims at lease expiry.
|19 January 2022||Virtual Seminar|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
Shorter leases and schedules of condition do not spell the end of dilapidations as an issue. Far from it, as uncertain conditions will prompt many landlords to hold property and maintain value by focusing on the state of repair. Schedules of condition in particular are fertile grounds for dispute, and often deliver a level of protection which falls well short of tenants’ expectations. And for terminal dilapidations claims, they have always been limited by s18(1) which effectively caps the landlord’s recovery to diminution in the value of the subject property, between its value in and out of repair. Where are such negotiations when you factor in COVID? Have properties fallen into disrepair from being unoccupied? Has the tenant got no cash to do such works? Has COVID lowered demand in property and consequently their values, and how critical is it when a lease ended during the COVID crisis?
This webinar is aimed at property managers, and surveyors generally, whoever they represent.
- Mark Shelton, Commercial Property Management Law Trainer, CPM Law Training Limited and Author of 'A Practical Guide to the Law of Dilapidations' and 'A Practical Guide to Applications for Landlords' Consent and Variation of Leases'
- Jon Rowling BSc (Hons) MBA FCIARB FRICS, Technical Partner, Tuffin Ferraby Taylor (TFT)
- Shorter leases and more limited repair obligations
- What terms are tenants looking for?
- The demise of dilapidations
- Strategies for minimising risk for both landlord and tenant
- Leaving the property better than you found it
- Schedules of condition and the alternatives
- VAT - Dilpidation payments will be subject to VAT (1 March 2021)
- Other relevant lease provisions
- Self-help and the leasehold property (Repairs) Act 1938
- Carbon emissions
- Energy White Paper
- Mid-term and lease-end remedies
- s.18 and diminution in value
- s.18 and supersession
- What is the landlord's goal, a repaired building or a finical settlement?