Dilapidations & Disrepair
How much should a tenant pay for disrepair at the end of the lease? Can a landlord recover, in full, the costs of making the property lettable again? Is it possible, in practice, to require a tenant to carry out its repairing obligations during the lease?
The length of the lease, the age and energy efficiency of the building and the needs of today's tenants can all play a part in the advice given to landlords and to tenants.
Using case studies and examining some of the more recent cases, this practical half-day session takes a look some of the problem areas and the potential traps and tips for landlords and tenants alike.
What You Will Learn
- Old and energy inefficient buildings - is there any damage?
- Patching, replacing & improving - which can the landlord require & when? Tiger Aspect v Sunlife; Ultraworth v General Accident; Craighead v Homes for Islington
- Why not all 'disrepair' needs to be repaired: Janet Reger v Tiree
- Getting the evidence right: Hammersmatch v Saint-Gobain; Courtwell v Greencore
- The problem with disrepair during the term: the 1938 Act, the 1927 Act and evidential difficulties
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