This course is designed for the commercial real estate litigation practitioner who will be handling dilapidations disputes, whether for landlord or tenant.
This is a subject area which never goes away: in times of boom or bust, landlords need to maintain the value of their investment, and tenants need to restrict the impact of claims to ensure the landlord recovers no more than is properly due.
Conducting claims so as to achieve the best outcome for the client requires an understanding, not only of the interpretation of the relevant lease obligations, but also of the availability and features of the various remedies, procedural requirements, and the available dispute resolution procedures. Armed with that knowledge, it is possible to think tactically so as to manage the outcome, not only in the dispute phase but also in the lead-up to lease expiry.
The course will use case study scenarios to explore the topic in depth.
Matters covered will include:
• Enforcing obligations in mid-term
• The role of schedules of condition
• Assessing the ‘loss of rent’ element
• Impact of MEES
• S.18 and post-valuation events
• Position of sub-tenants
• Replacement of M&E plant and equipment