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Landlords and tenants will often have disagreements over the condition of their commercial property. Who is responsible for what comes down to the terms of the lease. When a tenant fails to comply with its repairing obligations, those items of disrepair are generally known as dilapidations. Dilapidations can arise during or at the end of a lease (‘terminal’ dilapidations).
Tenants are typically required to comply with covenants relating to:
- Decoration and
- Reinstatement of the property at the end of the lease.
Where a commercial landlord and tenant cannot agree on a resolution to a dilapidations issue, the landlord has various remedies open to it. If the lease has not already come to an end, the landlord may want to consider specific performance. This is an order compelling the tenant to carry out the repairs. As a severe option, the landlord may wish to consider forfeiture of the lease.
Damages claims for dilapidations
Alternatively, (and also in cases where the tenant has vacated the property) the landlord may pursue the tenant for damages. The damages a landlord may seek for dilapidations cover not only the repairs required, but also any loss of rent as a result of the disrepair, irrecoverable VAT and the costs of professionals carrying out and overseeing the works. The sums of money involved, therefore, can be substantial. Consequently, it is important that both landlords and tenants seek early advice from solicitors with experience of dealing with dilapidations.
Why choose us to deal with your commercial disrepair issue?
Our property disputes solicitors are experienced in advising both commercial landlords and tenants on dilapidations matters. From small issues arising during the lease term, to terminal dilapidations damages claims worth upwards of £600,000.
We will guide you through the claim, whether you are making it, or defending it as the tenant; and work with you to achieve you the best possible outcome.
Our advice will always be commercial and practical. Our property disputes team is proud to be transparent on fees and will provide clear costs advice from the outset.
If you would like a no obligation discussion to see how we can help you deal with your dilapidations issue, call us on (freephone) 0800 988 7756.
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Commercial property disputes team
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