Dilapidations – fixtures – repairs – alterations – carpets – date of quantification of losses – delay in carrying out remedial works

South Essex Partnership University NHS Foundation Trust v Laindon Holdings Ltd [2016] EWCA Civ 377 (19 April 2016)


This case was an appeal from a decision made in a four-day trial in the TCC [2014] EWHC 3855 (TC). The trial judge made an award of damages of £130,492 which included £41,445 in respect of carpets. The first issue was whether replacing tiled carpets with a broadloom carpet system was a permitted alteration within the meaning of the lease. The second issue was the date for quantifying the landlord’s losses – termination date or trial date?