- Location
- West Kent
as an incoming tenant would you expect dilapidations monies received by the landlord from the outgoing tenant to be spent on the holding either by the landlord or passed to the new tenant expressly for improvements / repairs?
Every agreement is different, read small print carefully. Our land lord has taken on some of it and the responsibility to put some bits. right, some will come to us by being deducted of Ingoings etc. Long long process often 2/3years to sort out between outgoing and ingoing tenant.
Thinking aloud..........I don’t recall there being anything relevant in our agreement but I will have another read.
The landlord has no plans to spend on the holding and is of the opinion that all the faults were visible at the open day and it’s up to the incoming tenant to repair as they see fit. All of which is fine, just seems to me right that dilapidations received should be used to improve the holding.
Agree here make an inventory with pictures of conditions and present delapidations. Land Agent a mustMake sure you get a record of the condition of the holding on entry. The parties to a contract can agree to whatever (legal) items they want.
Not sure what the law is in England but in Scotland either the landlord or the tenant can require a record to be made of the fixed equipment on the holding at any time during the tenancy. In the absence of this (which would probably be expensive), a minimum of lots of time/dated photographs. The human memory tends to be selective.
I'd recommend contacting a good land agent. That's their job. You can also sue them if they don't do it properly!
you are having a laughas an incoming tenant would you expect dilapidations monies received by the landlord from the outgoing tenant to be spent on the holding either by the landlord or passed to the new tenant expressly for improvements / repairs?
"Right " Doesnt come into it.I don’t recall there being anything relevant in our agreement but I will have another read.
The landlord has no plans to spend on the holding and is of the opinion that all the faults were visible at the open day and it’s up to the incoming tenant to repair as they see fit. All of which is fine, just seems to me right that dilapidations received should be used to improve the holding.
In scotland if there is no proper record, there are no dilapidations.Make sure you get a record of the condition of the holding on entry. The parties to a contract can agree to whatever (legal) items they want.
Not sure what the law is in England but in Scotland either the landlord or the tenant can require a record to be made of the fixed equipment on the holding at any time during the tenancy. In the absence of this (which would probably be expensive), a minimum of lots of time/dated photographs. The human memory tends to be selective.
I'd recommend contacting a good land agent. That's their job. You can also sue them if they don't do it properly!
Try cut out landlord then. They won’t like it mind. Eg tenant has to pay 5k to paint house. You tell him/her that you will do it for 4K. You get to choose who does it what colour and if it costs 6k at least you have 4k of help with it. Just an example. Try it? ,There is a schedule of condition and I have added some of my own photos to it where I didn't agree that theirs accurately reflected the condition.
An agent has been used and the FBT has been gone through with a fine tooth comb.
To be honest I am not not expecting to receive a penny and my tender allowed for investment, however it would be nice to receive some help towards the improvements required.especially if the landlord are receiving money from the previous tenant for dilapidations.
its not the best way, you have left behind valuable buildings that will last 100 yrs or more.When I retired, I negotiated a deal with the landlord that provided for no delapidations and no tenant right or compensation for improvements. I left behind 2 steel framed buildings, but they 46 and 35 years old. It was easily the best way.
as an incoming tenant would you expect dilapidations monies received by the landlord from the outgoing tenant to be spent on the holding either by the landlord or passed to the new tenant expressly for improvements / repairs?