header-logo header-logo

Casing the joint

06 June 2013 / Edward Peters KC
Categories: Features , Property
printer mail-detail
istock_000004012330medium

Edward Peters considers recent cases about dilapidations & rights over waterways

In Sunlife Europe Properties Limited v Tiger Aspect Holdings Limited [2013] EWHC 463 (TCC), Edwards-Stuart J reviewed the legal principles governing the assessment of damages on terminal dilapidations claims.

The claim concerned substantial commercial premises in Soho Square, which had been let under 35-year leases in the mid-1970s. The leases contained comprehensive tenant’s repairing covenants, but the tenant yielded up the premises in a dilapidated state. The landlord claimed damages of £2.17m, plus interest. The tenant disputed the quantum of the claim, claiming the cost of the necessary remedial works was £700,000, but that the amount of damages recoverable was capped, by s 18(1) of the Landlord and Tenant Act 1927, at the consequent diminution in the value of the reversion. The tenant asserted the diminution was no more than £240,000, contending that, even if the premises had been put in repair, they would have required substantial refurbishment and updating.

In a lengthy judgment, Edwards-Stuart J held that the applicable legal principles

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll