Dilapidations case law Flashcards
Grainger Trust plc v Micros-Fidelio UK Ltd [2003]
where the tenant’s failure to meet its repairing obligations meant that its attempt to operate a break clause was ineffective.
Bairstow Eves (Securities) Ltd v Ripley [1993] 65 P&CR 220)
small amounts of disrepair rendering a break clause ineffective
Twinmar Holdings vs Blackhawk Automotive’
Relates to Landlord’s successful claim against the tenant relating to the degradation of roof lights.
Repair should be to the condition at the commencement of the lease.
Westminster City Council vs HSBC Bank Plc’ [2003]
A schedule of dilapidations amounts to a landlord’s requirement to reinstate where the lessor should require them to do so under the terms of a lease or associated licence to alter.
Riverside Property Investments Ltd vs Blackhawk Automotive’
Relates to the Landlord’s unsuccessful claim against the tenant to replace an asbestos roof where repair was deemed possible.
In cases involving a dispute between replacement and repair, replacement would be required only if repair were not reasonably or sensibly possible.
Riverside vs NHS’
Relates to Landlord’s successful rejection of the tenant’s claim for a break right relating to the classification of demountable partitioning as chattels not fixtures.
Vacant possession is not given in if tenant’s chattels are left in the premises.
Post office vs Aquarius
Relates to a Landlord’s unsuccessful claim against a tenant in relation to a flooded basement where there was no disrepair and so works were deemed improvements.
No improvement is required when obliged to ‘put’ and ‘keep’ in good repair.
Ravenseft Properties v Davstone (Holdings) Ltd’ [1978]
Relates to a Landlord’s successful claim against a tenant to repair inherent cladding issues with the expansion joints.
Tenants may be held responsible for inherent defects.
