Dilapidations generally refers to items of disrepair that are covered by repairing covenants contained in a lease; more specifically they related to alleged breaches of the tenant’s covenants relating to the physical state of the premises when the lease ends.
The remedies available to the landlord depend on the specific terms of the lease and whether or not the term of the lease has expired. In addition to the legal position regarding remedies, there may be practical considerations as to how and when a landlord takes enforcement action.
This is also an important area when a business tenant seek to extend its lease or operate a break clause. A failure by a tenant to comply with the terms of its lease may result in these rights being lost.
Often it is necessary for both landlord and tenant to appoint a surveyor. This is part of a Protocol relating to dilapidation. This Protocol for dilapidation should be followed as far as possible in all cases. The Protocol itself is designed so as to isolate the key issues and to enable settlement to be achieved wherever possible.
We can advise initially but then work with the surveyor to ensure that your position, whether as landlord or as tenant, is most effectively protected. If Court proceedings are necessary we then become more involved but continue to work with your surveyor and you in order to try to ensure an early commercial resolution to any dispute.
If you have a query or would like to book an appointment please get in touch with our First Contact team on 01256 320555 or email email@example.com.
Litigation & Employment Director