Landlord and Tenant
A Company purchased the freehold of a property in the City of London one month before the freehold of the ground floor, in which a Business operated, expired.
The Company served a notice to quit on the Business and commenced negotiations for the purchase of the Business.
The Business acquired a short-term lease on an adjacent shop next door and declined to sell its business to the Company.
A "Schedule of Dilapidations" had not been drawn up when the Business vacated the building purchased by Company, which then produced its own Schedule.
The Business contested the amount of works described in the schedule and refused to pay for the works.
The Business and the Company both engaged lawyers and instructed Chartered Surveyors to produce priced schedules.
The Company sued the Business for the alleged cost of carrying out the required refurbishment works and for loss of rental income due to delay in carrying out such works.
The Mediation concluded in an agreement that the Business would pay the Company a sum based on a price submitted by a builder to it for carrying out the proportion of the works that it's Chartered Surveyor had agreed should be considered as dilapidations.
The Company agreed in turn to drop its claim for loss of rental income.