Dilapidations

Question 1

What did Proudfoot v Hart conclude?

Answer 1

Repair is limited to a suitable standard for age, character and locality of the building.

Question 2

What did Hatfield v Moss conclude?

Answer 2

The interior, exterior and the roof are all included unless specifically excluded.

Question 3

What did Dobson v Canterbury City Council conclude?

Answer 3

The fate of the property must be taken into account.

Question 4

What does Section 18 of The Landlord and Tenant Act 1927 do?

Answer 4

Section 18 places a statutory cap on the claim, which is limited by the reversion in value of the premises between its current condition and its condition had the breaches not occurred.

Question 5

What should be considered when carrying out a diminution valuation?

Answer 5

The likely purchaser.

Question 6

Are diminution valuations necessary?

Answer 6

No.

Question 7

What should the QD consider?

Answer 7

The costs of the works to remedy the breaches.

The landlord’s likely loss incurred.

Question 8

Explain Supersession in dilapidations?

Answer 8

Under Section 18, no damage shall be recovered for a breach if it is shown that the premises would be pulled down or such structural alterations are made that would render valueless the repairs required for the breach.

Question 9

What should be included when serving a terminal dilapidations claim?

Answer 9

The schedule of breaches, remedies and costs.

The Quantified Demand

The intentions of the landlord.

Question 10

What did Simmons v Dresden (2004) conclude?

Answer 10

Whether a property needs decorating or not, if an expressed covenant requires decoration and it is not carried out, there is a breach.