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Penalty clauses as they apply in dilapidations claims
Penalty clauses have been exercising the courts over the last few years. Although much of the discussions were not property related, being contract law they have a more general application to tenure documentation so it is worth reviewing the current situation and then relate it to dilapidations claims. As a building surveyor, the current author proposes to focus on the physical aspects of repairing covenants and decoration and reinstatement obligations rather than go into detail about the valuation side, significant though that may be.
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Edward Shaw has specialised in the regulatory of building surveying for over 25 years. His practice focuses on Landlord and Tenant Law and contractual relationships governing the alteration, maintenance, repair and decoration of property. He spends much of his time dealing with dilapidations disputes and related matters and is a keen advocate of dispute resolution and ADR.