Disputes on dilapidations claims that reach court are at the mercy of stringent interpretation of the Law

Tenant's don't always win but nor do landlords

There have been some surprising decisions made by the Courts this year which have set precedents for interpreting The Landlord and Tenant Act. In the recent case of Hammersmatch V Gobain and others (see our other article below), the Court reduced the landlords claim for £6.8m down to £900,000 plus £20,000 costs and interest. Gobain’s experts were able to argue that the claim should be limited by diminution as per section 18(1) of the Landlord and Tenant Act 1927 and the court agreed.

Ideally advice should be sought at the commencement of the lease to avoid the need for the Courts to interpret the law. If a landlord or a tenant can remove ambiguity when it comes to a dilapidations claim it can save them considerable time and money. Our advice is to always use a specialist advisor who has up to date knowledge and expertise in the field. For a no obligation consultation please get in touch with us.