Commercial property dilapidations can be hard-fought, especially following a long lease of a property that has become outdated. In Riverside Property Investments Ltd v Blackhawk Automotive [2004] EWHC 3052 (TCC), the landlord brought a High Court claim against the tenant seeking the costs of a new Kingspan composite roof with insulation on the basis that the existing (asbestos) roof was in disrepair. The Court held, however, that whilst the lease was continuing it was the tenant’s option to choose a reasonable method of repair and the tenant’s actions in repairing the asbestos roof were sufficient. The landlord was also unable to recover a substantial portion of its costs in preparing unnecessary schedules. Andrew Tugwell acted for the tenant (Blackhawk Automotive).
This is a useful case to show that tenants should take advice and action repairs in good time before the lease termination date.