Dilapidations

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    Dilapidations

    I am sending notice by email , not to renew lease and vacate on 31/03/2020.

    This is giving 2 months notice as I am on an S25 notice expiring 31/03/2020.

    How quickly must the Landlord issue a notice of dilapidations?as I will need time to address any issues.
    ,

    #2
    I should give notice by post IIWY. You've still got time this week. Why not invite landlord to send dilapidations surveyor in next week to point out any items?

    Comment


      #3
      Thanks

      So is it 56 days notice or 3 months in this situation on an s25 notice?

      I am concerned that the Landlord does not have to reply and he very rarely does, as I believe he (his agent) is playing games and would like to extract every last penny when I vacate.

      So he waits till I vacate and then comes up with an unrealistic schedule of dilapidations,when the property is in very good condition.

      I am retired and don't want him chasing me for all kinds of costs.

      I simply want a list of what he considers needs work and I want my contractor to do this work before the end of the date on s25.

      Then the Landlord will try and make all kinds of claims, take his time and say he could not let the property until he completed works.

      Then overcharge for works that I could have done for half of what he claims, etc,etc.

      I will be sending him notice tomorrow by email as well as recorded delivery, in which I will state "please let me know ASAP if you wish to inspect the property condition and give me plenty of time so that I can arrange for any works needed to be carried out".





      Comment


        #4
        Under the Protocol for dilapidations, the schedule shall be served within a reasonable time. A "reasonable time" will vary from case to case but generally will be not more than 56 days after the termination of the tenancy. The landlord may serve a schedule before the termination of the tenancy. However, if it does so it should confirm either at the termination of the tenancy that the situation remains as in its earlier schedule or serve a further schedule within a reasonable time.


        "I simply want a list of what he considers needs work and I want my contractor to do this work before the end of the date on s25." The ,landlord does not have to provide a list: the onus is on you as the tenant to ensure that, before you vacate, the premises are in the state of repair and condition as envisaged by the lease.

        If you do not do any repair before you vacate then the landlord has a choice of either claiming damages or doing the repair and billing you for the cost of the work. After you vacate, the landlord is not obliged to allow you to renter and carry out the repair.

        Depending upon what your lease says, it's not just repair, it's also decoration.

        Comment


          #5
          Thank you,

          It sounds like the Landlord does not need to be reasonable and can manipulate the situation to his benefit.

          Lets face it,anyone can find fault with any property and if he does not let me put the property into exactly the way he wants it he is on a winner.

          30 years ago when I took the lease,this property had no floor, no ceiling, needed an extension changing from corrugated metal to brick built etc etc, it was a car showroom where cars drove into the front through this old tin construction at the back.The floor throughout was concrete painted red.The condition and layout now is very clean and tidy and would accommodate most any trade.

          What about the fact that he ,just as much as me, should have taken photos to document the original state?I did not and I am sure he did not.


          Its been hugely improved and is in very good condition ,but im sure that will account for nothing.



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