Repair and reinstatement: Beware the elephant trap

Guy Fetherstonhaugh

Journal of Building Survey, Appraisal & Valuation, 2012, vol. 1, issue 2, 136-139

Abstract: Landlords whose tenants are shortly to vacate dilapidated premises will wish to throw the book at them — the book in this case being a lengthy schedule of dilapidations containing lists of every breach of covenant going, and then some. The question this article addresses is whether such landlords are wise to require their tenants to reinstate alterations carried out during the term, and then to include the failure to reinstate as part of the list of breaches in the schedule. In some cases, this will undoubtedly be the correct course, but in others it may have the effect of negating the landlord's damages claim entirely. Surveyors for both parties should be alert to this point if they are to produce competent advice to their clients.

Keywords: repair; reinstatement; breach; damages; reasonable (search for similar items in EconPapers)
JEL-codes: R3 (search for similar items in EconPapers)
Date: 2012
References: Add references at CitEc
Citations:

Downloads: (external link)
https://hstalks.com/article/4387/download/ (application/pdf)
https://hstalks.com/article/4387/ (text/html)
Requires a paid subscription for full access.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:aza:jbsav0:y:2012:v:1:i:2:p:136-139

Access Statistics for this article

More articles in Journal of Building Survey, Appraisal & Valuation from Henry Stewart Publications
Bibliographic data for series maintained by Henry Stewart Talks ().