Dilapidation claims arise when a commercial tenant fails to keep its premises in the state of repair required by its lease.
Issues arise when the landlord’s schedule of dilapidation is disputed by the tenant, with the tenant wanting to minimise liability and the landlord wanting to maximise recovery of its ‘loss’. Our team can help to make this process, which can be long and frustrating, easier to manage. We have considerable experience advising landlords and tenants in relation to both interim and terminal dilapidation claims. Dilapidations are often seen by tenants as hidden costs and we understand their potential impact. We will take a practical approach, keeping our client’s commercial objectives at the forefront of our minds at all times.
How we can help?
We will serve interim and terminal schedules of dilapidation and advise on timing issues, both from a tactical perspective and to ensure compliance with the Civil Procedure Rules Dilapidations Protocol where relevant. Working alongside building surveyors we can assess the value of dilapidation claim. We will issue or defend court proceedings on your behalf, whether a terminal claim for dilapidations or an interim claim for specific performance. We will also advise on the statutory and common law limitations to dilapidation claims including, for example those imposed by Section 18 of the Landlord and Tenant Act 1927.