St Patrick's DAY & 'dilaps'

St Patrick's Church in Watervliet, New York, America was redeveloped, despite lawsuits historic preservationists were not able to save the church, which closed in 2011. With the site redeveloped to provide a modern supermarket operated by a retail chain in 2013.

A photograph records an historical event which can be revisited, and whilst a Schedule of Condition is always important in any dilapidations claim, the Landlord and Tenant should be aware that if the site is being considered for any redevelopment then the Landlords claim may be null and void or reduced due to supersession, depending on the extent of works planned by the Landlord..

Section 18.1 of the 1927 Property Act...

.....and in particular no damage shall be recovered for a breach of any such covenant or agreement to leave or put premises in repair at the termination of a lease, if it is shown that the premises, in whatever state of repair they might be, would at or shortly after the termination of the tenancy have been or be pulled down, or such structural alterations made therein as would render valueless the repairs covered by the covenant or agreement.

Due diligence may include checking planning authorities or other data sources to understand the intention of the parties on the future of the site...