Dilapidations & Commercial Tenants - The Obligations, Breaches, Litigation & Damages

Introduction

This seminar addresses fundamental issues arising from the obligations of commercial tenants to maintain the physical condition of the demised premises.

In the first instance, the nature and extent of the tenant’s obligations will be considered, followed by what the tenant must do to comply with the obligations and when, and what constitutes breaches of the obligations.

The second element of the course looks at litigating a dilapidation claim, from preliminary considerations and schedules to pre-action protocols and the nuts and bolts of litigation.

The final element of the course is concerned with the landlord’s damages recoverable at the end of the term.

What You Will Learn

This course will cover the following:

• The tenant’s obligations in respect of repairs, improvements and inherent defects
• Compliance with the tenant’s obligations: when and how
• Breaches of the tenant’s obligations
• Litigating dilapidation claims: Preliminary considerations and schedules
• Litigating dilapidation claims: Pre-action protocols
• Litigating dilapidation claims: Litigation
• The measure of the landlord’s damages at the end of the term
• Operation of section 18(1) of the Landlord and Tenant Act 1927
• Damages for the landlord’s consequential loss