Dilapidations

Dilapidations

This Overview summarises the ways in which landlord and tenant repairing obligations can arise, and their effect. It also summarises remedies for interim and terminal dilapidations, and obligations to reinstate alterations.

Landlord's repairing obligations

The landlord will only have repairing obligations to the extent of any express obligations in the tenancy, subject to a few exceptions. These include ensuring any retained premises are in such condition as to not cause damage to the tenant, and covenants implied by statute in respect of residential tenancies. For more information, see Practice Notes: Landlord and tenant implied repairing obligations and the doctrine of waste and Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair.

Tenant's repairing obligations

Again, unless there is an express obligation, the tenant only has limited duties in respect of repairs, including not committing waste and an implied duty to use premises in a tenant-like manner. For more information, see Practice Note: Landlord and tenant implied repairing obligations and the doctrine of waste.

What is the appropriate standard of repair?

The subject matter of an express repairing obligation is a matter

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Latest Property Disputes News

Property Disputes weekly highlights—21 November 2024

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal case on the court’s jurisdiction to vary a suspended possession order, Upper Tribunal decisions on the impact on limitation of non-payment of an application fee, and the reasonable repair assumption in determining rateable value, and a High Court case regarding adverse possession and trespass. It also includes the launch of the Law Commission’s consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, as well as the UK Judiciary’s release of the Senior President of Tribunals’ annual report for 2024.

Law Commission launches consultation on right to renew business tenancies

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Court had jurisdiction to vary and convert suspended order to outright possession order (Kerr v Poplar HARCA)

Property Disputes analysis: In Kerr v Poplar HARCA [2024] EWCA Civ 120, the Court of Appeal considered whether the court had jurisdiction to vary a suspended possession order (SPO) made following a possession claim for rent arrears, to make an outright order for possession on the grounds of anti-social behaviour. The court held that a SPO originally based on a discretionary ground for possession can be converted into an outright possession order even where the new ground for possession is mandatory. Written by Laura Tweedy, mediator and barrister, and Callum Reid-Hutchings, barrister, both of Gatehouse Chambers.

UK Judiciary releases Senior President of Tribunals' annual report for 2024

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