Do your Dilapidations duty

Do your Dilapidations duty

Sir, I read with interest the question posed by Adam Myeroff regarding lease breaks and, indeed, the response provided along with the various other comments on the LinkedIn debate (feedback, 21.03.14. below)

While recent case law suggests tenants can easily slip up on the payment of rents and associated interest, align with the granting of vacant possession, perhaps the most important element in a material compliance claim is the obligation to repair, redecorate and yield-up – in other words, the dilapidations obligations.

When a break is conditional on material compliance, as mentioned, it is preferable to be able to negotiate a financial settlement before the break date. However, the landlord is entitled to remain silent and has no duty to engage with the tenant in discussions regarding a negotiated settlement or, indeed, any lease breaches.

The tenant must address and remedy all and any dilapidations breaches and take the default position that absolute compliance is a must.

Above all, the best advice one can give a tenant is to seek the appropriate professional advice from a solicitor as regards the serving of the break notice and compliance with the lease conditions and from a building surveyor to address and rectify the dilapidations breaches.

Paul Lande, CEO, Dilaps UK