Dilapidations

How Dilapidations differ across the UK

UK Dilapidations claims outside of England and Wales can be a minefield for the unwary. Dealing with dilapidations claims on a nationwide basis calls for a much broader understanding.

TFT’s new white paper: ‘How Dilapidations differ across the UK – an outline of the regional variations’ addresses the differing obligations and terminology applicable in Scotland, Northern Ireland and the Channel Isles.

A good example is the very recent Jersey Sports Stadium v Barclay Private Clients (2013) case passed in the Jersey Royal Court which saw the court considering the cost of works and the diminution in value and preferring the guidance given in Ruxley v Forsyth (1996) over that in Joyner v Weeks. This is an essential piece for anyone involved with commercial leases outside England or Wales.

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Hammersmatch Properties v St Gobain

The PLA Dilapidations Protocol sets out to avoid litigation and yet three cases have recently come to court. They all test established dilapidations principles and their outcome will interest anyone involved in this area.

We have produced a new TFT White Paper on the first of these, the Hammersmatch Properties v St Gobain case, which is highly interesting as it reiterates the appropriate measures and remedies for disrepair whilst focusing on the need for robust valuation advice.

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Sunlife Europe Properties Ltd v. Tiger Aspect Holdings Ltd case

The Sunlife Europe Properties Ltd vs. Tiger Aspect Holdings Ltd (2013) dilapidations claim has recently come to court and the outcome provides a useful reminder of the principles to be applied when setting a tenants’ liability for dilapidations at the end of the lease. It also challenges previous dilapidations judgements such as Joyner v. Weeks and provides valuable lessons on long-standing dilapidations principles. We have prepared a White Paper on the Sunlife v. Tiger case.

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Twinmar v Klarius dilapidations case

Following on the heels of recent dilapidations claims which have come to court, this case, Twinmar Holdings Ltd v Klarius UK Ltd, provides useful guidance when claiming damages for terminal dilapidations and serves as a reminder that disrepair cannot always be pre-determined by obvious failure.

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The PLA Dilapidations Protocol comes into force

On 1 January 2012 the Dilapidations Protocol was adopted as a formal pre-action protocol under the Civil Procedure Rules. From this date onwards all dilapidations surveyors must adhere to its principles and requirements, and a failure to do so will result in cost sanctions.

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Calling time on R22 refrigerant

After 31st December 2014, it will be illegal to use recycled or reclaimed R22 to service air conditioning equipment. This is on top of the current ban on virgin R22 to service air conditioning equipment. As we move closer to the deadline, this is a timely reminder to review the options available ahead of the phase-out date. A useful start point is TFT’s Guidance Note: Refrigeration – Selection and Legislation which covers the issue and outlines the decision criteria to be considered.

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PGF 11 SA V Royal & Sun Alliance Insurance (2010)

In 2008, the claimants, PGF, were the landlord of a six-storey office building in Lime Street in the City of London. The building was let to Royal & Sun Alliance (the first defendant) under a 35 year lease until 24 June 2008 and, in turn, sub-let to London & Edinburgh Insurance (the second defendant) on a sub-lease expiring four days before the expiry of the head lease.

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