Dilapidations issues primarily occur when a tenant is found to be in contravention of its leasehold obligations relating to repair, redecoration and reinstatement, usually at the termination of lease.
Our lawyers can advise Landlords upon the terms of the lease to establish whether there is a dilapidations issue in respect of which action can be taken against a tenant.
Likewise, they can advise tenants upon the validity of any claims brought against them.
If it appears that there is a dilapidations dispute our lawyers will advise you in taking the appropriate action in accordance with the requirements of the ‘Dilapidations Protocol’.
The first step is the preparation of a Schedule of Dilapidations by a suitably qualified professional (usually a surveyor). This records the alleged breaches of covenant and identifies appropriate remedies which ultimately could form the basis of legal proceedings if the parties are unable to agree the remedying of the breach or a financial sum in damages in lieu.
The law in this area can be complex, especially in terms of limitations upon the sums that can be claimed in respect of terminal dilapidations however, our lawyers will guide you through the process and any court proceedings although in many cases a settlement can be agreed.