Q&As

What steps can a tenant take where a dilapidations settlement has been agreed with its landlord but not yet documented, and the tenant suspects that the landlord intends to redevelop the premises shortly after lease expiry? Can the agreement be drafted to give the tenant a misrepresentation claim?

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Published on: 10 March 2020
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At the expiry of a lease containing tenant covenants for repair (and similar obligations) there is frequently a claim by the landlord for breaches of the tenant's obligations. For guidance on such claims, see Practice Note: Dilapidations claims at the end of the term.

Where a landlord intends to redevelop the demised premises shortly after the end of the lease, there may be various defences to a dilapidations claim open to the tenant, including under section 18(1) of the Landlord and Tenant Act 1927. This provides (paraphrasing) that Damages for breach of a repairing covenant are limited to the amount by which the value of the landlord's reversion is reduced as a result of the breaches, and that no damages

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Jurisdiction(s):
United Kingdom
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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