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What are Tenants defences against claims under a dilapidation terminal schedule, and how may they be limited by law, such as under the principle of 'diminution in value' set out in Section 18(1) of the Landlord and Tenant Act 1927.
Wednesday 10th January 2024
When faced with claims under a dilapidation terminal schedule, tenants have several defenses they can use. These defenses can be limited by laws such as the principle of 'diminution in value' outlined in Section 18(1) of the Landlord and Tenant Act 1927. Here are some common defenses and limitations:
1. Statutory Limitations: The Landlord and Tenant Act 1927 provides certain limitations on the extent of a tenant's liability for dilapidations. For example, Section 18(1) states that a tenant is not liable for any loss caused by the landlord's failure to repair or maintain the property.
2. Repairing Obligations: Tenants can argue that they have fulfilled their repairing obligations as stated in the lease agreement. They may claim that the alleged dilapidations were present at the start of the lease or were caused by fair wear and tear.
3. Reasonable Wear and Tear: Tenants can argue that the alleged dilapidations are a result of reasonable wear and tear, which is to be expected over the course of a lease. This defense is often subjective and can vary depending on the specific circumstances.
4. Proportionality: Tenants can argue that the cost of repairs 4. Proportionality: Tenants can argue that the cost of repairs claimed by the landlord is disproportionate to the actual damage caused. They can challenge the reasonableness of the landlord's claim and provide evidence to support their position.
5. Mitigation: Tenants have a duty to mitigate their liability for dilapidations. This means they should take reasonable steps to minimise the extent of the damage or the cost of repairs. Failure to do so may limit their defenses and increase their liability.
6. Counterclaims: Tenants can assert counterclaims against the landlord, such as for breach of repairing obligations, failure to maintain the property, or failure to address pre-existing issues. These counterclaims can offset or reduce the tenant's liability for dilapidations.
It's important to note that the specific defenses available to tenants and their limitations can vary depending on the jurisdiction and the terms of the lease agreement. It is advisable for tenants to seek legal advice to understand their rights and obligations in relation to dilapidation claims.
Contact:
Here at Tayross Associates, Carl and Mike are both Chartered Surveyors with experience in Dilapidations, Planning Matters, Building Surveying, Building Consultancy, Contract Administration, Project Management, Boundary Disputes and Party Wall related matters. They are happy help with any questions you may have regarding the above.
Please visit our 'contact us' page here for contact details - www.tayross.com/contact
Please visit our website here for more information - www.tayross.com
