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court claim for dilapidations received

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  • #16
    Re: court claim for dilapidations received

    After sleeping on , my other thought was whether it would be better to get the case dismissed on the grounds that it forms part of a thus far unproven claim for dilapidations on a single lease for the whole building between the joint lessors and joint lessees?

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    • #17
      Re: court claim for dilapidations received

      just got a copy of the original lease to confirm it was a single lease for the whole building with landlord and pension fund as joint lessors. The landlord did not, as he claims in his POC, grant a lease to us for the extension.

      Should I submit CPR 31.14 request to him to supply a copy of the lease that he bases his claim on? If he fails to supply this, which he will as it doesn't exist, how would I proceed with my defense?

      I understand that if the pension fund had also submitted a claim for their 70% I could apply to the court to consolidate the 2 claims as they arise out of the same fact but so far the pension fund haven't claimed. I suspect they are waiting to see the outcome of this.

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