Click here to learn more about our revolutionary app or download directly from one of the sources below.
Determine means to terminate or to end.
The term ‘dilapidations’ is generally used when referring to items of disrepair that are covered by specific repairing covenants or promises contained usually in a commercial lease.
The term is often used as shorthand for ‘terminal dilapidations’, which cover breaches of the tenant’s covenants relating to the physical state of the premises when a lease has ended.
A tenant’s liability for dilapidations can relate to breaches of the tenant’s repairing covenants, decorating covenants or reinstatement requirements that relate to alterations carried out by the tenant during term of the lease.
From the point of view of an officeholder, dilapidations can make the lease less valuable, therefore there may potentially be a reduction in the funds available to creditors, as the lease may become more expensive to assign, or the dilapidations may have to be repaired prior to dealing with it in another way.
[See ‘Officeholder’.]
When a claim in a civil court is disputed, the court will give instructions to the parties on how they are to prepare the case. The instructions are known as ‘directions’.
An example is in a Creditors’ Voluntary Liquidation where a Liquidator can seek the directions of the court on any matter – this can be seen in section 112 Insolvency Act 1986. The equivalent section for a Compulsory Liquidation is 126 Insolvency Act 1986.
See ‘Creditors’ Voluntary Liquidation’, Insolvency Act 1986’ and ‘Liquidator’.]
