What are dilapidations?
Under normal lease terms that include fully repairing and insuring covenants, a tenant has an obligation to keep the premises they occupy in a good and tenantable repair throughout the lease.
A Dilapidation claim will usually occur at the point of lease renewal or break when a landlord believes the occupier is in breach of its repairing, decoration or reinstatement obligations as set out in the tenancy agreement.
Acting early is key for reducing expense, liabilities and time spent resolving dilapidation matters for both landlord and tenant.
What do we do?
We inspect the property and issue a condition report or building survey as appropriate to support our advice on any dilapidation liability that may be applicable. We can assist either landlord or tenant with negotiations relating to dilapidation claims.
We recommend contacting us to report on the condition of the property at the start of a lease, during, and before the renewal or expiry date is due so an accurate record of the condition of the property is kept throughout the lease to ensure potential repairing or dispute resolution costs are kept to a minimum.
We act and advise on:
- Schedules of dilapidations during or at termination of lease
- Terminal dilapidations claims compiled
- Schedules of Condition prepared for attachment to leases
- Interim Schedules and Repair Notices prepared
- Management of the completion and monitoring of dilapidations works
- Expert Witness services when dilapidations disputes esculate
- Section 18 valuations prepared by RICS registered valuers
- Defence of dilapidation claims