Terminal dilapidations claims can be time consuming, expensive and frustrating. Against the background of the dilapidations protocol and the need to consider mediation at all stages, this on-line video approaches such claims from a practical standpoint:
- Allocating resources & deciding strategy – the importance of ascertaining the rough size of the claim
- Understanding the impact of the needs of current lettings market on the claim against the tenant
- Old buildings – what the landlord can expect in terms of the standard tenant’s repairing obligation
- Air-conditioning, heating & electrical systems – is replacement sensible, and must the tenant pay?
On completion of this video you should have:
- Increased awareness of the importance of early valuation of the claim in terms of resource allocation and the method of dispute resolution
- An understanding of the distinction between repair and replacement, and when the costs of replacement and upgrading will be recoverable and when not
- An appreciation of the impact of age and the demands of the market on a terminal dilapidations claim
- An understanding of the need for qualitative stringency of evidence and the duties of experts
Sarah Thompson-Copsey is a former property litigation partner at the City law firm now known as Dentons, handling all types of commercial property problems, but with an emphasis on avoiding & resolving commercial landlord and tenant disputes. Sarah now works as a freelance lecturer, trainer and author and lectures & writes regularly on commercial property topics, as well as providing independent auditing and consulting services for law firms.
Sarah is co-author of Tenants’ Pre-emption Rights: A landlord’s guide to the Landlord and Tenant Act 1987 (Jordans) and Mixed Use and Residential Tenants’ Rights: The Landlord and Tenant Act 1987 and Leasehold Enfranchisement, (Elsevier 2009). She is also on the property consultation board of Practical Law Company and a site editor for the Property Law website at www.propertylawuk.net.