Dilapidations and The Law
What are dilapidations? An introduction
Properties are designed to work and function in a particular way, and if not looked after can fall into disrepair. Property that is out of repair is of less use to those who own or occupy it, and in such circumstances is of less intrinsic value. Need to ensure that it is fit for purpose, and ensure the properties physical integrity, preserving the value during the tenancy and at the end so that it can be re-let.In almost all written tenancies there will be obligations concerning the form and condition, some tenancies written or not are silent on the subject, yet some such obligations are implied whether by case law or statute
Failure to comply and the law
A failure to comply with such obligations can give rise to a claim for what is commonly known as dilapidations. Most dilapidations form part of civil law, and civil dilapidations extend beyond the law of landlord and tenant to embrace the law of waste.
The 2 types of waste of greatest practical importance are voluntary waste and permissive waste.
Voluntary waste
An unauthorised act that alters the nature of the property and injures the inheritance
Permissive waste
The failure to repair the property and to maintain it to an acceptable standard