Dilapidations

This Overview summarises the ways in which landlord and tenant repairing obligations can arise, and their effect. It also summarises remedies for interim and terminal dilapidations, and obligations to reinstate alterations.

Landlord's repairing obligations

The landlord will only have repairing obligations to the extent of any express obligations in the tenancy, subject to a few exceptions. These include ensuring any retained premises are in such condition as to not cause damage to the tenant, and covenants implied by statute in respect of residential tenancies. For more information, see Practice Notes: Landlord and tenant implied repairing obligations and the doctrine of waste and Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair.

Tenant's repairing obligations

Again, unless there is an express obligation, the tenant only has limited duties in respect of repairs, including not committing waste and an implied duty to use premises in a tenant-like manner. For more information, see Practice Note: Landlord and tenant implied repairing obligations and the doctrine of waste.

What is the appropriate standard of repair?

The subject matter of an express repairing obligation is a matter ...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Property Disputes News
View Property Disputes by content type :

Most recent Dilapidations content

Precedents

Draft Settlement agreement—pre-action settlementThis Agreement is made the day of 20[insert year]Parties:1[insert name of party], a company registered...
22nd May
Precedents

Draft Settlement agreement—for settling disputes post-commencement of proceedingsThis Agreement is made the day of 20[insert year]Parties:1[insert...
22nd May
Precedents

Dilapidations pre-action protocol—quantified demandThe Pre-action Protocol for Claims for Damages in Relation to the Physical State of Commercial...
21st May
Precedents

Dilapidations pre-action protocol—the responseThe response to a quantified demand under the Dilapidations pre-action protocol is case specific, but...
21st May
Practice notes

Code for leasing business premises—RICS professional standard—a property lawyer's guideThis Practice Note looks at the Code for leasing business...
28th Apr
Practice notes

Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
16th Apr
Q&As

If a property let on an assured shorthold tenancy is deemed uninhabitable due to an electrical risk, is there any means of forcing the tenant to...
14th Apr
Practice notes

Fixtures and fittingsWhen transferring an interest in land (whether freehold or leasehold), unless the contract provides otherwise:•any fixtures form...
7th Apr
Q&As

A mistake (that is now impacting the parties) was made in the dilapidations payment provisions of a lease that has now been terminated. How can this...
16th Feb
Practice notes

Repair—a practical lease negotiation guideLandlord’s repair objectivesThe key aim for the landlord is to maintain the value of its investment...
14th Feb
Practice notes

Quick guide to where to issue common property dispute applicationsThis Practice Note provides a summary of the relevant court/tribunal for issuing...
14th Feb
Practice notes

ESG for Property Disputes lawyersThis Practice Note explains what environmental, social and governance (ESG) issues are and the ways in which they may...
14th Feb
Practice notes

Dilapidations during the term—claims by the landlordThis Practice Note covers the various potential remedies for breach of tenant’s repairing...
10th Feb
Practice notes

Pre-Action Protocol for Housing Disrepair Cases (Wales)This Practice Note sets out the aims of the Pre-Action Protocol for Housing Disrepair Cases...
10th Feb

Popular documents