The TFT two step approach to supersession

Supersession is an undefined quasi-legal term used in dilapidations disputes. In broad terms, most understand it to mean that the actions of the landlord might (or might not) affect their ability to claim certain items from their former tenants. For the first time, an approach to supersession has been developed, based on standard principles of contractual damages claims, which suggests what issues are relevant and how to decide whether the landlord’s claim should or should not be ‘superseded’.

The TFT Two Step Approach to Supersession was used as the basis for the first instance of formal RICS guidance on this concept, within the current edition of the RICS Dilapidations Guidance Note (England and Wales), the author of which was TFT’s Jon Rowling.

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