General

Newspapers aren't always bad news

Richard Brown, of NG Chartered Surveyors was instructed by PSR Ltd T/A Just for Pets to defend a dilapidations claim on premises Just for Pets vacated in Evesham.

Richard had prepared a Schedule of Condition attached to the original lease of the premises a few years previous. As a result of Just for Pets moving to a better located property, their existing premises in Evesham town centre became surplus to requirements.

The landlord taking account of the Schedule of Condition, duly served a Terminal Schedule of Dilapidations claiming £24,000 for reinstatement, repair and decoration works and fees.

The landlord’s claim would have had some merit, if it were not for an article produced by a local paper reporter highlighting the fact that the Council’s Planning Committee had given the green light to the demolition and redevelopment of a section of the town centre, which included the former Just for Pets store and other buildings in the locality.

Richard advises that under Section 18 (2) of the Landlord & Tenant Act 1927, a landlord is “not able to claim damages on expiration of a lease where the premises would be demolished or altered to the extent that this would render valueless repairs carried out by the tenant”.

As a result of the article, the landlord’s claim fell away.

Section 18 is an important but little used tool by surveyors, and whilst feared by most due to its complexity of valuation and mystic, is one which has its place in dilapidations negotiations.

For further dilapidations advice, please contact Richard Brown or Paul Rogers at NG.