13 results found
On serving a terminal schedule of dilapidations it has been discovered that the building, let under a FRI lease, has asbestos within the wall panels and air conditioning insulation. As managing agent do I need to take any action and will this be rectifiable under an FRI lease?
Comment | 15 Apr 2004
Dear Darren, Was your lease for half the premises or for the whole? If you leased the entire premises on FR & I terms but following temination, the landlord has divided them and let half and this negates the work in the schedule of dilapidations, you may have a defence to that part of the claim. The validity of the claim will depend upon the lease and the circumstances, which are not clear from your brioef summary. In any event, the limit of liability is dictated by section 18(1) of the Landlord and Tenant Act 1927. If you want to discu...
Comment | 6 Nov 2003
We have been served with a terminal schedule of dilapidations in regrd to a industrial unit. The property was split in two for our occupation. The property has been seperated to form two units. A tenant has been found for one of the units leaving the other unoccupied. The landlord has carried out dilapidation works on expiry. Do we have a defence in regard t...
Comment | 3 Nov 2003
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 dra...
Comment | 3 Nov 2003
I am about to take up a 25 year FRI lease. What maintanace dactors should the lease address? Any advise woould be most appreciated. Regards, Raj Sachdev
Comment | 3 May 2004
The position will depend on the terms of the lease and the condition of the asbestos. The mere presence of asbestos is not a disrepair. It would be appropriate to require work to the asbestos only if it is in a poor condition, eg if it is flaking. If work is to be done notice must be given and ap
Comment | 23 Apr 2004
... allow the tenant to exit the property – litigation may follow. Lease assignment. Where a tenant wishes to leave the tenancy agreement and assign the lease to someone else. The landlord may have concerns if the new tenant has less financial strength than the occupier vacating the property. Dilapidations. Tenancy contracts for commercial leases usually contain a dilapidations clause, which specifies that the tenant is responsible for ensuring that the property is returned to its original state at the end of the lease. Retailers, for example, may have spent large sums on shelving, storage and in...
News | 22 Feb 2011
A businessman has been ordered to pay £30,000 for having dirty toilets at his workplace, it has been reported. The court heard that a Bristol Council Safety Inspector had checked the toilets at business premises in Strachan and Henshaw and found them to be filthy and dilapidated. The inspector
Case | 16 Apr 2010
Perhaps not surprisingly the GCSE (General Certificate of Secondary Education) pass rate has risen again this year, raising questions about its validity as a worthwhile academic qualification. Employers throughout the country will no doubt be sifting through CVs, and searching for the next generatio
News | 24 Aug 2007
Long service is a commodity that employers rarely see these days, as the UK’s workforce moves from job to job far more in modern times. With an emphasis on youth very much a part of modern business dynamics, it can be easy to forget employees who have worked tirelessly for a long period of tim
News | 24 Aug 2007
The point is, that our law system apparently ignores the fact accidents happen. Kids particularly get hurt because they are pushing boundaries and testing their limits - that is life. Our job as responsible adults and citizens is to create a secure environment free from obvious hazards - not wrap
Comment | 16 Dec 2008
...o redevelop the premises. However, by April the landlord offered to renew the leases and in June it withdrew its opposition to the request for the new tenancies. Thales stated that their plans were too far advanced and did not apply to the court for a renewal. The landlord mounted a claim for dilapidations and Thales counterclaimed for compensation. Sun Life objected, claiming that Thales' request was not valid as they did not have a genuine intention to take up a new tenancy at the time they served the request under section 26. At first instance, the judge held that Thales' claim was invalid but thi...
Case | 24 May 2001
The issue over who needs to commision the asbestos survey ( landlord or tenant ) all depends on what the lease says. The case law on Dilapidations is long and complex, so before spending a lot of time and money appointing an asbestos surveyor, I suggest you consult a Chartered Surveyor for advice on who is responsible.
Comment | 2 Jan 2003