Dilapidations claims at the end of the term
Dilapidations claims at the end of the term

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Dilapidations claims at the end of the term
  • Damages—common law
  • Damages—statutory cap
  • First limb
  • First limb—post valuation events
  • Second limb
  • Supersession
  • Reinstatement
  • Dilapidations Protocol and Procedure
  • Claims against a sub-tenant
  • more

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness statement is presented in English but where, notwithstanding signature of the statement, the witness cannot speak English and the statement is not necessarily ‘in their own words’. CPR PD 22 will also require a statement of truth to be dated with the date that it is signed and the required wording of the statement of truth will be amended to include a warning that proceedings for contempt of court may be brought against those who give a statement of truth without an honest belief in its truth. For more information, see News Analysis: 113th practice direction update—31 March and 6 April 2020—Changes in force 6 April 2020. This content will be updated in light of these changes in time for the 6 April 2020 in force date.

Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy and the amount recoverable is governed by:

  1. common law principles for the assessment of damages for breach of a covenant to repair, and

  2. section 18(1) of the Landlord and Tenant Act 1927 (LTA 1927),