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Managing Dilapidations Without Wasting Time, Energy and Money

In a world of climate change, short-term leases, flexible workspaces and greater freedom to change use within the planning framework, there is a need to work towards a more responsive model, and this webinar will consider how different approaches to negotiating and drafting leases, and dealing with tenant’s alterations, as well as making use of alternative dispute resolution procedures, can contribute to that aim. This webinar is aimed at property managers, and surveyors generally, whoever they represent.

Module Duration: 3 hours 12 minutes

Recorded: 26/04/22

Areas covered

Introduction and Welcome

Dilapidations and The Green Agenda

  • Sustainability and Dilapidations 
  • Landlords' consent to alterations
  • What is 'reasonable' in a climate change crisis? 

Filling in the Gaps - When the Lease Doesn't Have the Answer

  • Who fixes the roof, if the lease doesn't specify?
  • What is the test for implying terms into a lease?
  • What sort of obligation might be implied?
  • 'Whole agreement' clauses and the importance of due diligence

Lease Expiry Without the Dilapidations Battle? 

  • Limitations of schedules of condition and the alternatives 
  • Alternative lease models
  • How successful are payment clauses?
  • Alternative dispute resolution in the context of dilapidations

Vacant Possession and Stripping Out

  • Is stripping out an option, or an obligation?
  • Yield-up clauses and conditional break options
  • What is meant by vacant possession?
  • Last minute reinstatement requirements 

Question & Answers


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 BSc (Hons) MBA FCIARB FRICS, Technical Partner, Tuffin Ferraby Taylor (TFT)