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 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.