In the case of Coal Pension Properties Limited v Technip UK Limited, the court decided that a certification provision in a dilapidations payment demand meant the tenant couldn't challenge the landlord's certified dilaps claim. The landlord can serve its schedule, and provided it’s a claim that a reasonable surveyor would have certified, the tenant has to pay it, even if it disagrees with the costs or with liability for certain items.

We will look at the decision in more detail and explain when and how certification works, its risks and (for landlords) its rewards.

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Contributors

Matt Farrell

Partner

Clare Kelly

Associate