Q&As

A tenant has taken a new contracted out lease of a premises they formerly occupied under a lease and then a tenancy at will. The tenant has now served a break notice to determine the new lease. The landlord has issued a schedule of dilapidations which includes the removal of some partitions. The partitions were in situ at the grant of the new lease and are not expressly referred to in the new lease. Can the landlord serve a schedule of dilapidations in connection with the tenant’s former lease (which expired recently (but prior to the tenancy at will and the new lease) and is within the limitation period for action)?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 04/09/2017

The following Property Q&A Produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • A tenant has taken a new contracted out lease of a premises they formerly occupied under a lease and then a tenancy at will. The tenant has now served a break notice to determine the new lease. The landlord has issued a schedule of dilapidations which includes the removal of some partitions. The partitions were in situ at the grant of the new lease and are not expressly referred to in the new lease. Can the landlord serve a schedule of dilapidations in connection with the tenant’s former lease (which expired recently (but prior to the tenancy at will and the new lease) and is within the limitation period for action)?
  • The Current Lease
  • The Original Lease

This Q&A relates to whether the landlord can serve a schedule of dilapidations in respect of partitioning. It looks at whether the existence of partitioning will prejudice the ability of the tenant to determine the lease by the operation of the break. The latter is not considered in this response.

Further, this Q&A assumes that the partitions were installed (with the authorisation of the landlord) by the tenant during the term of the former lease (the Original Lease) and that while negotiating the terms of the new contracted out lease (the Current Lease) the partitions were not discussed. In determining the tenant’s obligations regarding the removal of the partitions, this answer is limited without reviewing the leases and any relevant licenses given in relation to the works.

The starting position is to look at the repairing, reinstatement and yielding up provisions in both the Current Lease and the Original Lease to identify what obligations there are on the tenant. Without knowing the extent of those clauses this answer is limited.

In the case of Riverside Park Ltd v NHS Property Services Ltd

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