The latest dilapidations updates from Ashfords - November 2024

25.11.24

James Hemsley, Warren Reid

Having reflected on the recent market and case law, our team of experts share the latest property disputes updates in this newsletter. In this edition, we:

Consider the implications for surveyors regarding the Dandara SE Ltd v Medway Preservation Ltd & Anor case decision.
Explore interim notices to repair as a tool for dealing with roof disrepair during the lifetime of a lease.
Provide insight on the implications of reinforced autoclaved aerated concrete from the perspective of both landlord and tenant.
Examine the judgment and decision in the Peachside case and outline key takeaways for professionals advising clients on these types of claim.

Read our latest insights

The implications of the Dandara case for professional advisors

The recent High Court decision in the case of Dandara SE Ltd v Medway Preservation Ltd & Anor serves as a critical reminder of the consequences of overlooking or disregarding clauses in property contracts. In this dilapidations insight, we consider the implications of this decision for surveyors and other professionals advising on dilapidations claims.

Roofs - a dilapidations deep dive

When a roof fall into significant disrepair during the contractual term of a lease, this can be a cause for significant concern for landlords.

In this article we explore interim notices to repair as a tool for dealing with roof disrepair during the lifetime of a lease. We consider the steps that need to be taken before and after service of these notices as well as their scope and limitations.

RAAC - the commercial landlord and tenant perspective

RAAC is a lightweight form of concrete commonly found in roofs, floors and walls. RAAC doesn’t have the strength and durability of the more traditional material, therefore buildings constructed with RAAC are at risk of collapsing with little or no notice and potentially putting lives at risk.

We’re receiving an increased number of instructions from landlords and tenants of commercial premises, who are concerned about RAAC and the legal and commercial consequences. In this article, we explore these common issues and questions that have been raised.

Key takeaways from the Peachside case

Whilst not creating new law, the High Court case of Peachside Ltd v Lee is a helpful recap of the legal principles that come into play when diminution in value and supersession type arguments arise in dilapidations claims. In this insight we consider the judgment and decision in Peachside and outline our key takeaways for professionals advising clients on these types of claims.