Q&As

In a dilapidations dispute where a landlord makes clear that it does not intend to carry out any works (including works that fall outside of 'repair' and therefore not within the ambit of any potential cap under section 18 of the Landlord and Tenant Act 1927) because it intends to sell the premises, are its losses limited to the diminution in value as it is not incurring a loss in the costs of work?

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Published on: 15 October 2020
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The damages awardable for breach of the covenant to repair at the end of the term are assessed on the following two-fold approach. At common law, the measure of damages recoverable by a Landlord at the end of the lease for breaches by the tenant of their repairing obligations is the cost of the repairs that the tenant should have carried out, plus loss of rent (and other losses) during the period needed to Carry out those works (see Joyner v Weeks). However, the common law measure of damages is capped by Section 18 of the Landlord and Tenant Act 1927 (LTA 1927), which limits damages to the

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Jurisdiction(s):
United Kingdom
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Key definition:
Dilapidations definition
What does Dilapidations mean?

Disrepair which has arisen as a result of a breach of a tenant’s repairing and decorating obligations in a lease. The claim for damages for the breach can be interim (made during the term of a lease) or terminal (made at the end of a lease).

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