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JGM, Solicitor
Category: Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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This is in relation to Scottish Law as I understand Landlord

Customer Question

This is in relation to Scottish Law as I understand Landlord and tenant in England is not used in Scotland.
The issue is about Dilapidations. Is there an unequivocally law that mentions that the Landlord has to inform the tenant of the works required/needed to be carried out or can the landlord do the works and then invoice the tenant after the works has been finished.
Is there a case law that I could use (as I am a tenant.)?
Mark Reuben
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
Dilapidations are not governed by legislation or case law in Scotland. They arise as a matter of contract, in other words, from the lease document itself.
Whether dilapidations are the repsonsibility of the tenant, the extent to which the tenant is liable and whether the landlord can give notice and do the dilapidations himself and then charge the tenant are all matters that should be in the lease. If they are not, then there is no liability on the part of the tenant other than for common law damage to the premises.
Happy to discuss your specific situation if I can help further.
Please leave a positive response so that I am credited for my time.