Written notice is required for re-instatement

Written notice is required for re-instatement

The Landlord served a Schedule of Dilapidations after the end of the sub-lease and the sub-tenant argued that it did not need to comply.

Batley were tenants and North Lanarkshire Council were sub-tenants of a premises in Cumbernauld, Scotland.

At the centre of the dispute were works which the Council carried out to the property. The terms of the agreement were that the Council had to remove the works and re-instate the premises at the end of the agreement if they were required to do so by Batley.  Batley served a schedule of dilapidations after the end of the sub-lease. The Council argued that the obligation to re-instate the premises died on the expiry of the sub-lease and therefore it did not require to comply.