Repair and reinstatement: Beware the elephant trap

Abstract

Landlords whose tenants are shortly to vacate dilapidated premises will wish to throw the book at them — the book in this case being a lengthy schedule of dilapidations containing lists of every breach of covenant going, and then some. The question this article addresses is whether such landlords are wise to require their tenants to reinstate alterations carried out during the term, and then to include the failure to reinstate as part of the list of breaches in the schedule. In some cases, this will undoubtedly be the correct course, but in others it may have the effect of negating the landlord's damages claim entirely. Surveyors for both parties should be alert to this point if they are to produce competent advice to their clients.