How can landlords make sure they can claim for the diminution in
the value of their reversion when the lease of a dilapidated
property comes to an end? Doing no work but hoping to claim was not
a successful strategy for the landlord in the case of Car
Giant Limited and Acredart Limited v The Mayor and Burgesses of the
London Borough of Hammersmith. Landlords who elect,
for whatever reason, not to carry out some or all of the works of
repair for which a tenant is properly liable at the end of a lease
term, run the risk that their claim for diminution to the value of
the reversion will be lost.
It is well established that landlords can successfully claim for
losses where they do carry out repair works for which a tenant was
liable and the cost of those works is a very real guide to the
recoverable loss. If the landlord hasn't yet done the works,
but can prove that he really intends to do works, then claims can
succeed but often the tenant tries to prove that the
