Dilapidations claims at lease end: Sunlife Europe Properties Limited and Tiger Aspect Holdings Limited and Tiger Television Limited [2013] EWHC 463 (TCC)

Abstract

In the context of dilapidations, The Honourable Mr Justice Edwards-Stuart provides a clear and logical resume of how he dealt with the claim for damages at the end of a commercial lease in respect of this case. Dilapidations claims at lease end are dealt with by way of damages. Damages in the context of dilapidations are the method by which one party, usually the landlord, is compensated, for the failings of the tenant. Failings typically occur in several ways, including among others, a failure to leave the property in repair, a failure to decorate, a failure to comply with certain legal requirements, or a failure to remove any works of alteration the tenant has themselves undertaken. Typically, a claim for damages will involve multiple claims. In addition to this, the landlord may have suffered further losses, such as his costs to employ surveyors, solicitors or other specialists, loss of income in the form of rent or insurance, or other costs associated with the property being empty as a result of the tenant's failure to return the property as it should have been. In addition, if the landlord is unable to recover any VAT associated with the above costs, VAT may also be recoverable from the tenant.