Dilapidations – surely not more repairs?
the short answer
Dilapidations are matters of disrepair arising under a lease, and disputes over repairs often reach the stage where a formal schedule of dilapidations is required. This complex area of dispute resolution requires knowledge of the law and practice of dilapidations.
We can:
- Prepare schedules of dilapidations on behalf of landlords
- Act for tenants in defending dilapidations’ claims made by landlords
- Prepare schedules on behalf of tenants where a landlord has defaulted under his repairing covenants
- Prepare schedules of condition before commencing a lease to establish the condition of the property. These can be referred back to when the lease comes to an end
- Service charge disputes
We always recommend to commercial landlords that they inspect their properties regularly.
Most leases reserve a right for the landlord or his surveyor to visit the property from time to time and if necessary to ask his tenant to put right any faults in the state of repair and decoration of the building. This course of action is equally important during the currency of a lease, in addition to the more routine inspections carried out at rent reviews and lease ends. A well and sensibly maintained property will always smooth the relationship between landlord and tenant.
To commercial tenants we are available to advise and negotiate on their behalf where landlord's schedules have been served and where repair works have been requested. Contrary to popular belief a full repairing lease is not a blanket invitation to a landlord to have his investment rebuilt to suit his needs. It is not unheard of for tenants to be asked by their landlords to carry out quite unnecessary works and we are well placed to mitigate the losses a tenant might suffer as a result of his landlord's actions.