A key skill for property solicitors is knowing how to approach dilapidations effectively. Whether you are a solicitor or other practitioner dealing with commercial property disputes, you need to understand the legal and practical issues raised by property defects and damage.
The issue of dilapidations is a constant in property practice. In times of boom and bust, landlords need to maintain the value of their investments; and tenants need to restrict the impact of claims to ensure the landlord recovers no more than is properly due. Your role is to protect your clients’ interests, whether you act for the landlord or the tenant, by thinking tactically and strategically.
If you are a commercial real estate litigation practitioner handling dilapidations disputes for landlord and/or tenants, this course is designed for you. You must be able to understand and apply the law and procedure relating to dilapidations so that you can achieve the best possible outcome for your clients.
Importantly, you also need to appreciate the wider context and the commercial objectives of the parties: these are key factors. Does the landlord have a buyer or a new letting lined up? How might this impact the calculation of the claim? Should the landlord structure the new transaction accordingly? What if a sitting sub-tenant intends to renew their lease? What does the landlord really want?
Taking these factors into account means you can effectively help your clients manage the outcome – not only during the dispute itself, but mid-term, and in the run-up to lease expiry. Our property litigation expert, Mark Shelton, author of the recently-published A Practical Guide to the Law of Dilapidations, will take you through the key issues using case study scenarios to explore dilapidations in depth. You will benefit greatly from Mark’s extensive experience in this area.
Key learning outcomes
- Understand how to enforce obligations mid-term
- Appreciate the importance of Schedules of Conditions and M&E issues
- Assess valuations and loss of rent effectively
- Know the potential implications for sub-tenants
What does this course cover?
This course covers the key topics in dilapidations disputes including:
- Enforcing obligations in mid-term of the lease
- The vital role of Schedules of Conditions
- Recovering and assessing the ‘loss of rent’ element in a claim
- The impact of Minimum Energy Efficiency Standards (MEES) on claims
- Section 18 valuations, and post-valuation events
- Position of sub-tenants and the implications
- Replacement of mechanical and electrical installations, equipment and plant