This section is intended to provide a more detailed insight into the legislation relating to dilapidations.
The content of these pages will be regularly updated to provide details of any changes to the relevant legislation..
|Construction (Design & Management) Regulations 2007 (pdf)||
Legislation designed to integrate health and safety into design, construction and managment of building projects. May apply to remedial works required under the terms of a lease or works undertaken by Landlord at termination of lease. Appointment of planning supervisor may be a legitimate cost incurred by the Landlord.
|Control of Asbestos Regulations 2012||
Imposes duty on those responsibility for repair and maintenance of commercial properties to prevent exposure to asbestos. Frequent impact on Dilapidations Claims.
|Criminal Law Act 1977||
Legislation outlawing the threat or use of violence during the repossession of a property
|Defective Premises Act 1972||
Section 4:- Imposes duty on Landlord with responsibility for repair to ensure safety of all persons who may be affected by defects.
|Disability Discrimination Act 2005||
Obligation on occupiers to provide reasonable access for those with disability. Frequent impact on Dilapidations Claims.
|Health & Safety at Work Act 1974||
Health, Safety and Welfare in connection with work. Frequent impact on Dilapidations Claims.
|Housing Act 1961||
Section 32:- Repairing obligations in short leases of dwelling houses.
|Landlord & Tenant Act 1927||
Section 18:- Limitation on Landlords claim to the diminution in the reversionary value.
Section 19:- Landlords permission to alter building should not be unreasonably witheld where the lease limits alteration without licence or consent.
|Landlord & Tenant Act 1954||
Part II:- Security of tenure in relation to business tenants.
Section 25:- Notice required by Landlord to terminate a tenancy.
|Landlord & Tenant (Covenants) Act 1995||
Modifies Law in relation to lease liabilities. Main effects on leases after January 1996.
|Land Registration Act 2002||
Requirement to register leases at Land Registry. Leases granted prior to 13th October 2003 for a term of more than 21 years and leases after this date of more than 7 years require registration.
|Law of Property Act 1925||
Section 146:- Prescribed notice to be issued by Landlord prior to foreiting lease or seeking damages.
|Leasehold Property Repairs Act 1938||
Limits Landlords rights to fofeit lease or claim damages where the lease term is 7 years or greater and at least 3 years remain.
|Limitation Act 1980||
Time limits claims for breach of repairing obligations. Limitation of 12 years for Leases signed under seal (except 6 years for non-payment of rent). Limitation for all other leases 6 years.
|Occupiers Liability Act 1957||
Imposition of duty of care for safety of visitors. Onus can fall on Tenant or Landlord depending on who is responsible for repair and maintenance.
|Occupiers Liability Act 1984||
Extension of 1957 Act detailed above.
|Protectiion from Eviction Act 1977||
Limits rights to forfeit leases of dwellings other than by formal proceedings.
|Rent Act 1977||
Sets out obligation on tenants to allow access to Landlord to carry out repairs.