Dilapidations

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 discuss it, call me on 020 8446 2653.

Regards,

Victor

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 to s18 in regard to the separation of the units? I do understand about supersession but it is unclear whether this applys in this situation.

Any advice on defence of the above would be much appreciated.

~Thank you.

Darren Hampson