Almost every landlord will know from his own experience how difficult it can be to recover damages for breach of the repairing covenants contained in a lease at the end of the term of the lease. This is not simply because the tenant may disappear without trace or have insufficient assets with which to meet his landlord's claim. These may be practical considerations but in the legal sense the problem frequently arises because of the difficulty in quantifying the claim as s. 18 of the Landlord and Tenant Act 1927 provides that a landlord's damages shall not exceed the diminution in the value of his reversion. That being so, it is clearly more difficult for a landlord to pursue a claim for damages during the currency of the lease at a time when his reversion may not fall in for a number of years. However, a claim for damages is only one of the remedies available to a landlord during the currency of a lease as he may wish to forfeit the lease and commence proceedings for possession. How, then, does he set about enforcing his remedies and what obstacles are in his way?
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1 February 1983
Review Article|
February 01 1983
Interim schedules of dilapidation — how effective are they?
Publisher: Emerald Publishing
Online ISSN: 1758-731X
Print ISSN: 0263-7472
© MCB UP Limited
1983
Property Management (1983) 1 (2): 120–124.
Citation
Debere D (1983), "Interim schedules of dilapidation — how effective are they?". Property Management, Vol. 1 No. 2 pp. 120–124, doi: https://doi.org/10.1108/eb006549
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All you wanted to know about dilapidations but were afraid to ask: part II
Structural Survey (September,1997)
All you wanted to know about dilapidations but were afraid to ask
Structural Survey (September,1996)
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