Mid-term dilapidations and the alternatives

Dilapidations has traditionally been dealt with at lease-end, though this has its risks, not least the potential for the tenant’s finances to deteriorate in the meantime.  Why not deal with disrepair before then, with the aim of being immediately able to remarket, once possession is obtained?  There are several answers, to do with restricted availability or effectiveness of most of the usual remedies, but there remain opportunities to achieve effective enforcement of repair obligations during the term, and there are sometimes compelling reasons to do so.

In this webinar we consider the pros and cons of the available levers, and how lease drafting can assist the landlord to a good outcome.

Topics covered will include:

• What may restrict recoverable damages?
• Procedural hoops: the Leasehold Property (Repairs) Act 1938
• Drawbacks to forfeiture
• Is specific performance of repair obligations always unobtainable?
• The Jervis v Harris procedure – just too problematic, or under-used?
• Thinking outside the box – other options