FBT Dilapidations

Question 1

What are they

Answer 1

The landlord may claim for dilapidations or damage against the tenant for failing to comply with their obligations under the tenancy agreement.

For example:
- Maintaining buildings
- Keeping pasture in goof order and free of weeds
- Keeping ditches clear

Question 2

What authority is there to make claims

Answer 2

AHA:
- ss. 71 to 73.

ATA:
- No statutory provisions leaving the matter to common law and terms of the tenancy.

Question 3

What is the process under the AHA

Answer 3

LL must serve notice no less the 3 months before the end of the tenancy warning of their intention to make a claim.

LL must then serve notice of their intention to make a claim within 2 months after the end of the tenancy. The notice must specify the basis of the claim. This should usually be supported by a detailed claim.

The parties then have within 4 months of the end of the tenancy to settle the matters. If the claim has not been settled then the parties may refer the matter to arbitration.

Question 4

How is the claim prepared?

Answer 4

List out and describe the items at issue and the cost of putting right.

The schedule should set out:
- Field parcel, building or other item affected.
- The problem
- The remedy
- The unit cost
- The claim figure

Question 5

How are they dealt with under the ATA?

Answer 5

No statutory basis
- the parties must refer to the agreement or common law.