Dilapidations

Question 1

What is the definition of “Dilapidations”?

Answer 1

Dilapidations are breaches of leases due to the condition of the property being leased, either during or at the end of the lease period.

Question 2

What is the legal basis of Dilapidations?

Answer 2

Dilapidations claims are based on the law of contract, supplemented by case law and statute.

Question 3

What RICS guidance is in place for Dilapidations?

Answer 3

Dilapidations in England and Wales, 7th edition Guidance Note

Question 4

What remedies are available to the Landlord for breach of contract at the end of a lease?

Answer 4

1) Damages

Question 5

What remedies are available to the Landlord for breach of contract during the lease?

Answer 5

1) Damages
2) Forfeiture
3) Jervis V Harris
4) Specific Performance

Question 6

Upon reading a lease, would you interpret the clauses and provide advice to the client based upon these interpretations?

Answer 6

No, I would ask the client to speak to a legal professional to ascertain their responsibilities under the relevant clause.

Question 7

What Legislation/Regulations are applicable to Dilapidations claims?

Answer 7

1) The Civil Procedure Rules 1998
2) The Dilapidations Protocol