LEGISLATION SECTION
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..
| Legislation | Summary |
| 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 at Work Regulations 2006 | 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. |


