Dilapidations Update
Responsibility for Repair in a Changing World
This update session gives an opportunity not only to get a practical grip on new developments, but also to get some perspective on the topic and understand the context of the law as it currently stands.
| Start Date | Venue | Price | |
|---|---|---|---|
| 2 December 2024 | Virtual Seminar |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
Who repairs tenanted commercial property? The lease says it’s the tenant, but in that case why is there always a dilapidations bun-fight at lease expiry? In a world where short lease-terms are the norm, tenants will be ever more resistant to repair responsibilities, particularly if that seems to mean giving the landlord back a better property than was originally let. Cases continue to emerge from the courts, demonstrating strengths and weaknesses of both landlords’ and tenants’ positions, and often pointing the way to how things may be done differently. Even the means of resolving dilapidations claims is not a constant, with the increasing willingness of the courts to insist upon the parties trying some method of alternative dispute resolution. Climate change compels a reconsideration of the well-worn approach to building repair, and will perhaps ultimately prove to be the major driver of change.
Speakers
- 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 FCIArb FRICS, Director – Dilapidations and Dispute Resolution, JLL
Programme
Sustainability and Dilapidations
- Supersession of claims because of landlords’ upgrades
- Can we minimise the waste associated with today’s dilaps claims?
- Can we minimise the waste associated with tomorrow’s dilaps claims?
Caselaw Round-Up
- Peachside v Lee - diminution in value when Landlord has carried out works
- Brown v Ulrick - damages for alterations without consent
- The Tropical Zoo Ltd v LB Hounslow - interaction of Jervis v Harris and forfeiture for disrepair
- Gill v Lees News - opposing renewal of lease on disrepair grounds
- Alma Property Management v Crompton - attempt to obtain specific performance of repair obligation
- Dandara South East v Medway Preservation - expert determination clauses
- Churchill v Merthyr Tydfil County Borough Council - compulsory ADR
Giving the Landlord Back a Better Property
- Obligation to put into repair
- ‘Repair’ and ‘good condition’ - what is the difference?
- Benchmarking the required standard of repair
- Repair v Replacement/renewal
- Repair v Improvement
- Structural and inherent defects - Tower Hamlets LBC v Lessees of Brewster House and Maltings House
Schedules of Condition - Intention v Reality
- How do schedules of condition operate in practice
- Practical complications
- Legal/interpretation complications
- Is there an alternative?