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Dilapidations: Repair of Rooflights and Meaning of Windows - Twinmar Holdings Ltd v Klarius UK Ltd [2013] EWHC 944 (TCC)

Dilapidations: Repair of Rooflights and Meaning of Windows

Summary

This terminal dilapidations claim provides some useful guidance regarding rooflights and windows.

The Court found that rooflights which had lost translucency were not in good and substantial repair and condition as required by a lease. The Court also considered whether the rooflights were actually windows, and provided some guidelines on identifying windows.


Charge less for dilaps works

Charge less for dilaps works

Letters page of Property Week  - 14th October 2013   

Sir, Having attended the annual RICS Dilapidations Forum Conference last month, there is a great interest in the impact of the Dilapidations Protocol and whether the requirement to set out the landlord’s likely loss on the quantified demand has assisted the process in terms of producing claims that truly reflect this loss.


The new RICS Dilapidations price book is now available

The new RICS Dilapidations price book is now available

This book is essential for anyone providing early cost advice to landlords or tenants on costs of complying with Schedules of Dilapidations.

The new edition is essential for anyone providing early cost advice to landlords or tenants on costs of complying with Schedules of Dilapidations.

Compiled using the latest, independent price data, it gives you all the supply and install costs you need to make accurate estimates, saving you valuable time at the initial estimating stage for the work required on a schedule of dilapidations.


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.


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

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

The recent High Court Case of Hammersmatch Properties v Saint-Gobain Ceramics (2013) concerned a claim on a 1930s industrial building in Welwyn Garden City.  The tenant had been in occupation for 25 years commencing in 1984 and the cost of the works which was agreed between the parties was £2.2m.


Sunlife V Tiger - Tenant be aware of your obligations

Sunlife V Tiger - Tenant be aware of your obligations

The Case: Sunlife were the owners of a building in Central London built to a high standard in 1973.  The premises were let under leases expiring in 2008 which were acquired by Tiger in 2000.  Tiger carried out a limited refurbishment but the premises were in a poor state of repair and these issues were not dealt with by Tiger.  In March 2009, after the leases had expired, Tiger was presented with a Terminal Schedule of Dilapidations claim in excess of £2.5m.


Break Clauses and how to deal with them

Break Clauses and how to deal with them

We deal with countless tenants asking us to settle their dilapidations claims only to find that they have exercised a Break Clause once we have reviewed the lease .  Ensuring exact compliance with the terms of the Break Clause is essential to avoid the Break Notice being invalidated.  Ignoring this can mean the lease continues and this can be extremely costly.

Some of the key things to consider and look out for are listed below.


Dilapidations claims - A Summary

Dilapidations Claims - A Summary

A typical modern commercial lease will describe in detail the obligations placed on the tenant in keeping the property in good repair and decorative condition throughout the term. If you are about to sign a lease make sure there is an arbitration clause to cover dilapidations disputes. We have drafted a suitable clause so contact us if you would like us to send a copy to you.

Dilapidations is an area subject to continual development .Case law can and does significantly alter the way dilapidations claims are won and lost. See our other news articles for the most recent cases.


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.


The RICS has issued a further guide to Lease-End dilapidations

The RICS has just issued a further guide to Lease-End dilapidations

The guide deals only with breaches by the tenant and the landlord's subsequent remedies towards the end of the lease term; sometimes known as 'terminal dilapidations". The guide does not deal specifically with leases which end because of the exercising of a break clause. It relates to the law and procedure in England and Wales; other parts of the British Isles have their own law and processes which can differ from those detailed. For download Click Here