Dilapidations: The law and best practice

This course examines current law and best practice in dilapidations and provides guidance as to the tactics and management of claims from both the landlord’s and tenant’s points-of-view.

Disputes relating to dilapidations remain as high as ever on the agenda, possibly higher given the severity of the financial pressures on both tenants and landlords. Professional advice, whichever side of the table is involved, needs to be informed by a certain grasp of the law and a knowledge of what is current best practice. This course provides a refresher on the law, gives an overview of key areas and issues in current practice and provides practical advice on the tactics and management of claims. It will include extensive references to examples and case studies and include an inter-active session.

The course covers:

• repairing obligations of landlords and tenants
• disrepair during the term
• what is ‘in repair’?
• assessing damages in claims
• claim management, including part 36 offers
• s18 and diminution
• ‘breaks’ and ‘yield up’
• Property Litigation Association Protocol
• current best practice

Terry Davis is the principal of TN Davis Chartered Surveyors. He is a member of the RICS Dilapidations Forum Steering
Group, the Dilapidation Guidance Note Working Group and a keen contributor to the Dilapidations Forum.

Emily Walsh is a qualified solicitor and property lawyer now teaching at the University of Portsmouth. After qualifying in 1996, she worked in Africa before returning to the UK to practice, specialising in commercial property and land law before joining the University in 2010.

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