Dilapidations

Darren Hampson
Member - 3 posts

We have been served with a terminal schedule of dilapidations on a split industrial unit. The units were heated via a OST (bunded) . This tank had been leaking in the past and has contaminated the ground underneath.

A Phase II Audit has been carried out and identified that the extent of the contamination does not cause concern and the tank should be drained down and either repaired or replaced.

The Landlord replaced the tank but not carry out any ground remediation. The landlord claims that we are still responsible for the contanmination and we should compensate him in dilapidations stating that the property may damage future value.

We believe that the tank itself could have been repaired as identified in the report.

Any advice would be much appreciated.