Dilapidations: out of order
Humphreys, E.
Dilapidations: out of order - 2004 - Estates Gazette (0411) 13 March 2004, 133(1) .
Looks at dilapidations case law when landlords are entitled to replace failing equipment. "Fluor Daniel Properties Ltd v Shortlands Investments Ltd" (ChD, [2001] 2 EGLR 103), emphasised that equipment needs to be in a state of actual disrepair before a landlord becomes entitled to repair or replace it. The cost can be recovered via the service charge. In "Mason v Totalfinaelf UK Ltd" (2003] EWHC 1604(Ch), [2003] 3 EGLR 91), a dilapidations decision may impact on the law relating to service charges. Suggests a landlord may not be encouraged to plan ahead to keep equipment operational and to wait for it to totally break down.
FLUOR DANIEL PROPERTIES LTD V SHORTLANDS INVESTMENTS LTD
MASON V TOTALFINAELF UK LTD
Dilapidations: out of order - 2004 - Estates Gazette (0411) 13 March 2004, 133(1) .
Looks at dilapidations case law when landlords are entitled to replace failing equipment. "Fluor Daniel Properties Ltd v Shortlands Investments Ltd" (ChD, [2001] 2 EGLR 103), emphasised that equipment needs to be in a state of actual disrepair before a landlord becomes entitled to repair or replace it. The cost can be recovered via the service charge. In "Mason v Totalfinaelf UK Ltd" (2003] EWHC 1604(Ch), [2003] 3 EGLR 91), a dilapidations decision may impact on the law relating to service charges. Suggests a landlord may not be encouraged to plan ahead to keep equipment operational and to wait for it to totally break down.
FLUOR DANIEL PROPERTIES LTD V SHORTLANDS INVESTMENTS LTD
MASON V TOTALFINAELF UK LTD