DilapsUK say disputes on dilapidations claims that reach court are at the mercy of stringent interpr
Commercial lease dilapidations claims are increasingly at the behest of the Courts' interpretation of the Landlord and Tenant Act
[UKPRwire, Fri Jun 14 2013] DilapsUK, the only Nationwide team of dilapidations surveyors specialising solely in commercial property dilapidations claims, is warning commercial property managers and tenants to adopt a proactive approach to end of lease dilapidations.
Paul Lande, managing director at DilapsUK, says there have been some surprising decisions made by the Courts this year which have set precedents for interpreting The Landlord and Tenant Act.
In the recent case of Hammersmatch V Gobain and others, the Court reduced the landlords claim for £6.8m down to £900,000 plus £20,000 costs and interest. Gobain’s experts were able to argue that the claim should be limited by diminution as per section 18(1) of the Landlord and Tenant Act 1927 and the court agreed.
Lande suggests ideally advice should be sought at the commencement of the lease to avoid the need for the Courts to interpret the law.
“If a landlord or a tenant can remove ambiguity when it comes to a dilapidations claim it can save them considerable time and money. My advice is to always use a specialist advisor who has up to date knowledge and expertise in the field” he adds.