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Dilapidations

 

It can come as a horrible outrage towards the end of a lease when the landlord requires massive work from the tenant to remedy damage or disrepair or to put the premises back in their original state if the tenant has made internal alterations. If the tenant does not carry out this work, he or she may be required to pay the cost of having it done.

As a tenant you may be able to challenge the landlord's list of required repair work, referred to as a schedule of dilapidations. But to be in a strong position to mount a challenge you need to consider the dilapidations question right at the outset, with the help of your chartered surveyor, before you sign a lease.

The preparation of a Schedule or challenging a claim requires detailed knowledge of the law and practice of dilapidations, the civil procedure rules and correct interpretation of the lease covenants.

We can assist in:

Preparing Schedules of Dilapidations on behalf of Landlords Acting for tenants in defending dilapidation claims made by Landlords Preparing schedules on behalf of tenants where the Landlord has defaulted under his repairing covenants. For instance, on multi-let buildings, preparing Schedules of Condition before commencement of leases
Service charge disputes.


Dilapidations are a complex and contentious aspect of the landlord and tenant relationship. No two dilapidations claims can be identical because no two buildings are exactly the same, nor will the lease covenants or other circumstances necessarily be similar either. It therefore follows that a tenant is always prudent to seek the advice of a Chartered Surveyor before contracting a new lease, or when served with a schedule of dilapidations in respect of an existing or historic lease. The tenant should also check whether the surveyor or firm to be appointed has the expertise to advise on both the question of repair and the valuation of the claim for damages, if appropriate, under section 18(1) of the Landlord and Tenant Act 1927, to avoid the need to instruct two separate surveyors or two separate firms.

Why not give us a call to discuss further. We are experts in this field of work and can advise you on the best way forward.