Q&As

In a terminal dilapidations claim where the landlord has carried out some, but not all, of the works in the schedule of dilapidations, would the landlord be limited to claiming the costs of the works only where this is less than the section 18 valuation? Does the statutory cap in the first limb of section 18(1) of the Landlord and Tenant Act 1927 also limit any claims for legal and surveyors fees and consequential losses, such as loss of rent?

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Produced in partnership with Sarah Finch of Hamlins
Published on LexisPSL on 05/12/2017

The following Property Disputes Q&A produced in partnership with Sarah Finch of Hamlins provides comprehensive and up to date legal information covering:

  • In a terminal dilapidations claim where the landlord has carried out some, but not all, of the works in the schedule of dilapidations, would the landlord be limited to claiming the costs of the works only where this is less than the section 18 valuation? Does the statutory cap in the first limb of section 18(1) of the Landlord and Tenant Act 1927 also limit any claims for legal and surveyors fees and consequential losses, such as loss of rent?

In a terminal dilapidations claim where the landlord has carried out some, but not all, of the works in the schedule of dilapidations, would the landlord be limited to claiming the costs of the works only where this is less than the section 18 valuation? Does the statutory cap in the first limb of section 18(1) of the Landlord and Tenant Act 1927 also limit any claims for legal and surveyors fees and consequential losses, such as loss of rent?

For the purposes of this Q&A, it has been assumed that it concerns commercial property and that the property does not remain occupied by a sub-tenant with renewal rights under Part II of the Landlord and Tenant Act 1954.

Where the landlord has carried out works (whether all, or in this case, some) in accordance with a schedule of dilapidations, the cost of the works can be used as evidence of the diminution in value (Smiley v Townshend). However, taking into account the first limb of section 18(1) of the Landlord and Tenant Act 1927 (LTA 1927), if

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