Category Archives: End of Term

Office to residential – Unintended Consequences of Permitted Development

Change of use from office to residential use, or Permitted Development (PD), was first introduced in 2013; it was a temporary measure intended to address a housing shortage issue, and to offer beleaguered commercial Landlords the opportunity to do something with the vast amounts of surplus office space generated by the recession. Minister Brandon Lewis announced in...
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The chilling issue of R22 Air Conditioning Equipment

The recent heatwave has brought the issue of air conditioning back in to sharp focus, with many ageing systems either failing to cope or falling over completely.  The costs of repairing and re-gassing these systems with R22 refrigerant can be substantial.  Sometimes replacement with a new system may be the only option. If your lease terminates within the next...
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To maintain or not to maintain? Dilapidations of M & E services

The condition of plant and services is such a significant issue at lease end.  Very often the visual condition of the equipment provides only part of the story on the overall condition, its reliability and future life expectancy.  Whilst it is quite permissable at the end of a lease for plant to be approaching the end of its...
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The sting in the tail of your lease

5 common things Tenants say when they realise a dilapidations claim may be heading their way... Getting to the end of a lease invariably raises the issue of a claim from the Landlord for things that should have been done, but a significant number of Tenants appear surprised when the claim document lands on their desk. ...
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A stitch in time saves nine…

For me, the best dilapidations projects are those which give the professional teams the time they need to prepare the ground for negotiations and/or works.  Very often I'm given a few weeks to try to resolve something which justifies proper planning and detailed investigation, but I do appreciate the business imperatives which makes this inevitable.  It...
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Back to the Future

This week I came across this example of excellent forward planning for reinstatement which has made my dilapidations task at lease end so much easier. Back in 2002 my client took a lease on some very pleasant offices which were fitted out with a VAV air conditioning system to keep everyone cool and efficient.  With what looks like...
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Dilapidations: Reinstatement Notices – the Tenant’s untenable position

Following on from my comments last week, I must consider the Landlord's side of the argument.  Case law would suggest that the Landlord can give notice at any time up to termination, whether or not sufficient time has been given to complete the works.    There are good reasons to hold back until the last moment, the best of...
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Reinstatement notices – how long should Tenants get?

Leases often require the Landlord to give notice to their Tenant outlining the requirements for reinstatement of alterations, if indeed the Landlord chooses not to keep Tenant-installed works.  If the Landlord fails to give this notice, he/she forfeits the right to include these works in any terminal claim for dilapidations. The timing of the notice is often...
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The Devil is in the Detail

Should Tenants ensure works released from reinstatement obligations fully comply with the original licence for alteration? Landlords sometimes cherry pick the most useful parts of Tenant's alterations and elect to retain them instead of asking for reinstatement; indeed Landlords should be encouraged to be open about those issues which clearly are of future value (or don't incur...
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