Dilapidations

Question 1

what is the pre-action protocol?

Answer 1

It sets out the CONDUCT of parties prior to court proceedings.

Applies to commercial property and relates to claims for damages against tenants at end of lease term.

Question 2

when is terminal schedule normally sent out ?

Answer 2

56 after termination of tenancy.

Question 3

when is Quantified Demand normally sent out?

Answer 3

56 after termination of tenancy.

Question 4

what does the pre-action protocol hope to achieve?

Answer 4

1. to encourage early exchange of information.
2. avoid litigation

Question 5

How are the breaches (lease) split out in the schedule ?

Answer 5

Repair.
Reinstatement.
Decorations.

Question 6

what should the landlord put in writing before surveyor endorses the schedule?

Answer 6

The landlord should state their intention for the property.
(will they sell/alter/redevelop…supersession

Question 7

Give examples of costing any breaches?

Answer 7

1. invoices following works.
2. contractors prices, based on specification.
3. price books, such as BCIS dilaps price book
4. QS advice

Question 8

What document would be useful before signing a lease?

Answer 8

Have a schedule attached to the lease

Question 9

A common provision in a Lease is what is known as…..
think case law..

Answer 9

a Jervis –v- Harris clause.
which allows a Landlord to enter the property during the term to carry out any repair works and then to recover the cost of doing so from the Tenant.

Question 10

Reinstatement issues to consider

Answer 10

What does the lease say on reinstatement?
Understand relevant timelines in the lease in terms of Notice, are there deadlines?
Break clauses can cause complications.

Question 11

Legislation to consider

Answer 11

Landlord and Tenant Act 1954
Law of Property Act 1925
The Leasehold Property (Repairs) Act 1938