DILAPIDATIONS
Professionals in dilapidation disputes
Lease Dilapidations
At the end of a lease, disputes can arise regarding the condition of the property and whose liability it is to carry out any repairs, redecoration or reinstatement works. This is a highly complex area of Landlord and Tenant Law and there is a vast amount of dilapidation case law that can influence the outcome of any dispute.
Tenant Dilapidation Responsibilities
If you have or are entering into a commercial lease, you need to be sure of your liabilities towards any dilapidations – especially if your lease is on full or partial repairing terms.
At the outset of your lease, we recommend you commission either a Building Survey or a Report Upon Condition to help limit your potential liabilities. Then if at any point during your lease you receive a Schedule of Dilapidations it is important that you get advice as soon as possible to minimise any costs or liabilities the landlord is claiming.
Landlord Dilapidation Responsibilities
If you are a landlord it is advisable that you seek advice from a Chartered Surveyor experienced in the Leasehold Property (Repairs) Act when assessing dilapidations. Depending on the point in the lease we can help you prepare an Interim Schedule of Dilapidations (if your lease has more than three years to run) or a Final or Terminal Schedule of Dilapidations to make sure your tenant fulfils their obligations under the lease.
We can also help recover any consequential losses you incur as a result of the tenants failure to make the needed repairs, redecoration or reinstatements. These typically include loss of rent, insurance, service charges, rates, professional fees and VAT.
How we can help
Disputes are often settled by the wording of the lease and can be influenced by the original intentions of the parties. With that in mind our team take a two pronged approach, both investigative and practical, to get you the best outcome.
If you’ve received a Schedule of Dilapidations, suspect there may be a dispute over repairs or redecoration, or just want to take proactive steps to avoid any conflict before entering into a lease, contact us to talk through the options available to you.
TESTIMONIALS
What clients say about our work
TESTIMONIALS
What clients say about our work
“IMA Industries were recommended Michael Selwyn by a mutual contact. Our development has had some issues to sought out, highlighted and pursued by Selwyn. His experience and reputation gives a professional team the urgency and the oversight required in order for the Principal to commercially gain from transactions. He is a valued member of the team who sits on our side of the table – we wouldn’t hesitate to recommend him to our peers.”
Ishil Mehta, IMA Industries
“Your clarity and detail in relation to the survey report provided for me was top notch and exactly in line with the kind of high class work I have come to expect from you. It gave me peace of mind in knowing the propery I was purchasing was not in any way a poor decision, and the elements you highlighted in relation to making sure the property was up to scratch meant I could move in knowing that although there was some work to be carried out there was nothing untoward.”
Paul Richardson, St James's Place Wealth Management
“I have worked with Selwyn on numerous matters over many years. He is extremely knowledgeable, experienced and easy to deal with. He can always be relied upon to provide a practical and commercial solution to any problem. Always my first port of call when a knotty problem arises.”
Alison Baldwin, Downs Solicitors LLP