Defending Dilapidations Claims
In many situations a tenant will be responsible for the repair and upkeep of a property and if this is not undertaken then a landlord may prepare a schedule of dilapidations which will identify any breaches of covenant along with the remedies required to address the breach of covenant.
Schedules of Dilapidations served after termination of the tenancy are called Terminal Schedules of Dilapidations. Schedules served during the term of a tenancy are called Interim Schedules of Dilapidations.
Interim Schedules of Dilapidations are often served if a Landlord considers that his property is falling into dis-repair and, where the lease contains a Jervis-Harris clause, the landlord may have the right to bring a claim against the tenant for any damages incurred as a result and/or to seek forfeiture of the tenancy as a result of a persistent breach of the tenant's obligations.
If it can be proven at Lease expiry (or shortly after) that the landlord intends to refurbish or redevelop the property then special rules apply which could limit the tenant's liability. The dilapidations claim is usually limited to the reduction in value of the Landlords reversionary interest.
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