Dilapd Flashcards
(7 cards)
Notice for reinstatement of alterations
Westminster city Council V HSBC bank=
Dilapidation schedule is considered to be a follow form of notice
the Dilapidations Protocol requires surveyors ‘to specifically identify in the schedule (where appropriate) any notices served by the landlord requiring reinstatement works to be undertaken’
How do you consider off something odd a chattel
Consider whether it can be removed without doing damage to the property or itself. Damage = probs fixture.
Degree of annexation
Why it was attached (permanent alteration or improvement to the property = probs fixture)
Section 18 case law
Coldunell ltd v hotel management international limited 2022
Hotel was fully refurbished shortly before being let
Dimination in value was 1.3 million. The reasonable cost for remedial work was 600 K. The statutory Exceeded the cost of works so the landlord doesn’t entitled to the latter info.
What are the civil procedure rules?
A series of rules for the conduct of civil litigation
To encourage parties to avoid gives judges the power to impose sanctions on parties who have behaved unreasonably
Types of break clause
Reasonable: some leeway. Consider landlords ability to relent the property without delay/ expenditure. FITZROY HOUSE V FINANCIAL TIMES: tenant completed works. LL said no we’re keeping you in, you missed some stuff. Judge said no: there were only trivial breaches.
Substantial/ Material: interchangeable. Treat is as absolute
Absolute: unbreakable
VP: free of chattels, people, interests
Are you aware of any recent dilapidations cases
Peachside Limited V Lee & Keung
End of lease. Ll sought damages for dilapidations. Condition described as warzone with grease
Tried to enforce repairing obligations in two phases.
- put the premises back into a lettable state.
- Redevelop the premises into an office space.
T argued LL intention was to get dilaps money.
is the dilapidations claim justified,? Was the landlords intention to read develop to an office genuine?
COURT RULED; LL wins (except for acgoods lift - you don’t need this in an office!!) £5ook settlement.
“ the premises in repair would command a reasonable rental for office accommodation”
S18 valuation diff not reduce the damage is recoverable
What would a landlords option be if a tenant was not complying with lease terms mid-lease
Section 146 notice under law of property act 1925.
Informs tenant of breach & allows time for them to remedy in reasonable time. If they don’t LL can seek
-forfeiture (remember not to accept rent!)
-damages
-specific performance
Limited by leasehold property repairs act … (if lease 7 years+ 3 years unexpired)
