Commercial property > Dilapidations
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Dilapidations - In a distressed state
31 March 2010
Are dilapidations claims simply a game of cat and mouse or is there more to them than meets the eye? Jonathan Ross looks at their impact on landlords...
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Leasehold Property (Repairs) Act 1938
24 November 2009
This act limits the ability of a landlord to recover damages from a tenant for breach of repairing covenant during all but the last three years of the...
Summary
Most commercial tenancies include obligations on the form and condition of the premises. This section considers how to identify these obligations, who has to meet them, the options for action if they are not met (e.g. a dilapidations claim), and practical assistance in the effective resolution of claims. It sets out how a negotiation should take place, what factors need to be considered when making and negotiating a claim and how these elements are changing as a result of the developing legal background.
This section is maintained by Jason Hunter of Russell-Cooke, Lisa Fleming of Malcolm Hollis and Bartle Woolhouse of Malcolm Hollis.
Resources
- Glossary
- Features
- Forms
- Legislation
- RICS practice standards
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Worksmart tools
- Contract Administrator
- ProForms
- Survey Writer
- Dilapidations in commercial property
- Preliminary issues
- Key issues
- Landlords' remedies
- Tenants' remedies
- Physical work v damages
- Negotiations and disputes
- Section 18(1) of the Landlord and Tenant Act 1927
- Leasehold Property (Repairs) Act 1938
- Dilapidations legislation
- Key cases
- Further information on commercial property dilapidations