Where a landlord claims dilapidations against a tenant for the failure to repair or maintain a commercial property, the tenant may be able to argue that the amount of the landlord’s claim is limited by what is called the ‘damage to the reversion’. This means that if those failures to repair do not affect the value of the landlord’s interest when he takes the property back the dilapidations claim will be limited. This limitation arises from Section 18 of the Landlord & Tenant Act 1927 and dilapidation claims often require a valuation of the reversion under that section.
Again this is familiar work to us and we shall be happy to advise on such valuation aspects of a dilapidations claim if necessary.
For further information on Section 18 Valuations, please contact John Daborn.