DilapidationsProviding Expert Dilapidations Advice to Our Clients
Dilapidations refers to the condition of a property during the term of a tenancy or when the lease ends. It means the same as disrepair and is tied in with the repair and decoration obligations in a lease agreement.
Dilapidations and schedules of dilapidations have serious financial implications for tenants. They should ensure that they fully understand these implications and take steps to minimise their liabilities before signing a lease.
Tenants have a contractual responsibility to return a property to the landlord in an agreed state of repair and condition. It is imperative that they consider these implications before entering into a lease and plan for the dilapidations process well ahead of their lease expiry.
Landlord or tenant, receiving the right advice at the right time will help to protect you against unwelcome and potentially expensive surprises.
We are experienced in acting for landlords and tenants both during and at the end of a lease term. We act for small businesses and sole traders, as well as large multi-national organisations and major high street retailers.
How we can help you:
1. Early identification of clients’ objectives enabling the preparation of an effective dilapidations strategy.
2. Preparation of accurate claims (either during the lease term or at expiry) taking into account all valid breaches of disrepair and alterations to the property that will stand up to legal scrutiny. This will reduce the time it takes to agree a claim for damages.
3. Negotiation of financial settlement in a timely manner.
4. Monitoring tenants’ works.
5. Advice on Break Clauses.
1. Advice on likely dilapidations liability prior to entering into a Full Repairing and Insuring Lease including preparation of Schedule of Condition, if necessary.
2. Assessment of dilapidations liability during the term or at lease expiry..
3. Advice and tactics on limiting the extent of any potential claim.
4. Negotiating scope of works or financial settlement.
5. Arranging for repair and redecoration works complying with the terms of the lease.
6. Advice on Break Clauses.
We follow the RICS Practice Note on Dilapidations and the CPR protocol.