Real Estate Litigation

When the recession hit in 2008, tenants became few and far between. Landlords were suddenly facing the prospect of a lengthy void period, meaning no income and various liabilities. They had to get money from somewhere. Dilapidations was an obvious source. Landlords started enforcing their dilapidations claims hard. On the other side of the fence, tenants had no money and so they started to defend the claims just as hard as they were pursued. This has led to a number of significant cases on dilapidations in the last eight years and, more importantly, an attitude change towards dilapidations claims in Scotland.

Mathew Farrell is a partner in Brodies property litigation team, with a particular specialism in dilapidations. He acted for the tenant in both Grove v Cape and @SIPP v Insight, and he lectures on the topic to building surveyors at Glasgow Caledonian University. He will discuss the following important considerations for any practitioner that deals with dilapidations, whether when negotiating a commercial lease or litigating a dilapidations claim:

The common law implied terms and how to deal with them

The repairing standard in its different guises

Extraordinary repairs

The role of the interim schedule of dilapidation

The relationship between the lease and licences for works and the importance of giving proper notice

Payment clauses and their effect; and

Diminution in value and its place in Scotland

You will come away from the session with an understanding of how to revise a commercial lease to put your client in the best position with regards to dilapidations, and with an awareness of the arguments available to you if you are involved in a dispute over dilapidations.

The event begins at 1pm. Delegate registration is open from 12:30pm.