In a recent case on the value of dilapidations, both
parties' expert valuation evidence was criticised by the judge
... in reaching their conclusions they lacked 'objective
reasoning' and were unable to provide clear analysis of their
evidence to support their subjective opinions.
Lesley Robinson provides an update on this
recent case
Recently, the Technology and Construction Court reminded parties
how damages for dilapidations should be valued.
In Consortium Commercial Developments Limited v ABB Limited
[2015] EWHC 2128 (TCC) the judge had to examine the valuation
evidence put forward by both parties' experts in relation to
the value of dilapidations. The landlord's expert contended
damages was the cost of repairs (£315,000) while the
tenant's expert argued it was limited to the loss or diminution
in the value of the landlord's interest under section 18(1)
Landlord & Tenant Act 1927 (£75,000).
