Legal and Regulatory Compliance

Question 1

What three things does the endorsement in a dilapidations schedule need to confirm?

Answer 1

1. The works set out are reasonably required to remedy the breaches
2. The landlords intentions for the property have been taken into account
3. The costings (if any) are reasonable

Question 2

What are the categories of breaches referred to in a dilaps schedule?

Answer 2

Repair, reinstatement and redecoration

Question 3

What is a reasonable timescale for a dilaps schedule to be sent to a tenant?

Answer 3

The pre-action protocol allows for variation based on the specific case, but is generally considered to be 56 days after termination of the tenancy

Question 4

Which Act is section 18, in relation to dilapidations, found in?

Answer 4

The Landlord and Tenant Act 1927

Question 5

What are the two limbs of Section 18 in relation to dilapidations?

Answer 5

Limb 1 - diminution in value

Limb 2 - supersession

Question 6

What is diminution in value?

Answer 6

It is the devaluation of a property caused by the breach of the lease. I.e. what is the property worth as it is compared to what the property would be worth if it was in the condition as required by the lease.

This then acts as a cap for the loss of the landlord, limiting the claim

Question 7

When can a terminal schedule of dilapidations be served?

Answer 7

In the last three years of the lease or after the lease term (subject to the pre-action protocol timescales)