Dilapidations Flashcards
1
Q
What is dilapidations
A
A breach of covenant by one party to a lease given to another.
2
Q
Are they civil or criminal? And what rules do they follow?
A
Civil and they follow civil procedure rules
3
Q
Doweling and Reynolds 5-part analysis
A
1) identify the subject matter e.g what requires repair
2) is that item in a damaged or deteriorated condition?
3) if so does it fall below the standard set out in the repairing covenant
4) what needs to be done to bring it back to standard expected by the repairing covenant
5) is the work despite being below standard expected by the repairing covenant of such a nature that it was not contemplated by the parties
