Description
This expert-led seminar unpacks the legal, evidential, and practical challenges of dilapidations claims, emphasising tenant obligations, statutory compliance, and the importance of precise lease drafting in property disputes.
Key Points:
- Claims Must Be Evidence-Based and Clause-Specific:
Landlords must substantiate dilapidations claims with clear references to lease clauses and actual statutory breaches—boilerplate templates and vague assertions risk dismissal in court. - Statutory Compliance Duties Shift Post-Lease:
Responsibility for statutory compliance (e.g., asbestos, gas, and electrical safety) can transfer from tenant to landlord upon lease expiry, and each party must understand when they cease to be a “duty holder.” - Regulatory Ambiguities Complicate Claims:
Inconsistent standards and unclear statutory language (especially in gas and electrical safety) make compliance assessments and claim justification particularly challenging.
Learning Objectives:
- Identify Valid Grounds for Dilapidations Claims:
Learn how to construct enforceable claims by tying each alleged breach to a specific contractual obligation and statutory provision. - Distinguish Statutory vs. Repair Obligations:
Understand how regulatory frameworks (like asbestos and gas regulations) interact with repair clauses in leases, and how responsibilities shift at lease termination. - Draft and Interpret Leases to Mitigate Risk:
Gain practical strategies for drafting commercial leases, including inspection rights, cost recovery clauses, and compliance language that can withstand legal scrutiny.
