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Commercial Property Dilapidations

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0800 988 7756

It is common for landlords and tenants to have disagreements over the condition of the commercial property between them, and to be in dispute over who is responsible for fixing disrepair.

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).

Commercial property, in particular, opens up opportunities for dilapidations claims to occur because the business venture involved can often involve a heavy use of the structure, the presence of customers and unforeseeable behaviours, and possibly changes to the structure that may constitute damage, such as removing walls.

As experts in commercial property law, our commercial lease dispute solicitors will know exactly how to address your circumstances no matter how complicated. You will be guided through the claim, whether you are a landlord or tenant, and we will provide practical, easy-to-follow advice at every stage. We will give you total fee transparency from the outset.

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We represent both tenants and landlords on matters including:

  • Damages claims for dilapidations
  • Schedules of dilapidations
  • Claims of breaches of lease obligations
  • Advising on repairing covenants
  • Other remedies such as forfeiture of the lease or specific performance
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Contact our commercial property dilapidations solicitors

Commercial property dilapidations is a complex area of law with many variables to consider. At Levi Solicitors, we tailor our services to the needs of each client, managing both simple and complex cases with efficiency and dedication.

Whatever your needs, we are earger to represent you. You can call our expert solicitors for commercial property dilapidations at 0800 988 7756, or contact us by using the simple enquiry form on this page. We have solicitors in Leeds, North Leeds and London who are ready to provide prompt, friendly advice.

If you have further queries regarding commercial property, do not hesitate to get in touch with our commercial property disputes solicitors.

 

Why choose Levi Solicitors for commercial property dilapidations?

You can rely on our team to fully understand your commercial property dilapidation needs and work hard to secure your goals. We represent landlords and tenants alike and take the time to consider the full scope of the property’s condition, your specific requirements, how the damage may affect you, and the terms of the lease.

Throughout your time with us, you will have one-on-one support to ensure that any disputes that arise are managed properly.

Our extensive experience in commercial property disputes has us well-placed to navigate the intricacies of dilapidations claims and preserve your rights and responsibilities relating to property maintenance and repairs.

Our approach is clear and practical. We will take into consideration the unique aspects of your circumstances and advise you on the best course of action before helping you take it. All of our dilapidations solicitors stay up to date with changes in law and can guarantee a refreshed, proven-effective legal service and representation.

 

Our commercial property dilapidations services

 

| Damages claims for dilapidations and their disputes

The damages a landlord may seek for dilapidations could cover not only the repairs required in a property but also any loss of rent as a result of the disrepair, irrecoverable VAT and the costs of hiring professionals to oversee 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 in handling dilapidations.

For tenants, our solicitors can advise on the legitimacy of a damages claim and your obligations under the lease, providing fast and effective legal strategies for meeting your responsibilities whilst minimising the burden of repairs and restoration. We also represent landlords in damages claims, advising and dealing with court proceedings where required, and advising on enforcement strategies.

| Schedules of dilapidations

A schedule of dilapidations lists the repairs that a tenant is expected to make to a property. They include interim schedules, which are repairs to be made during the lease term, and also terminal schedules, issued at the end of the lease to calculate the cost of repairs and expectations.

Our solicitors can review your lease terms and assess your obligations to make repairs and negotiate on claims and how to challenge them.

| Claims of breaches of lease obligations

A claim for breach of lease obligations refers to the legal allegation of either the landlord or tenant having violated the terms in the lease. This could involve the non-payment of rent, unauthorised alterations being made to the building, damage to the property, and so on.

Assessing lease terms with a legal professional is the first step to determining whether the breach occurred and who is responsible.Our solicitors can then provide legal advice regarding your rights and potential liabilities, whether that’s dealing with section 146 notices and forfeiture claims, and working on a swift and cost-effective resolution to any issues.

| Advising on repairing covenants

Repairing covenants are legal obligations written into a lease that set out the expectations that the tenant takes on regarding the maintenance and repair of a property.

Our dilapidations solicitors advise landlords on whether their tenants are in breach of their repairing covenants and recommend the best course of action to resolve any issues.

Likewise, our solicitors are well-placed to advise tenants on their lease obligations, manage the schedules of dilapidations and lease-end obligations, and suggest actions that are legally sound and effective uses of your time and resources.

| Other remedies: Specific performance and forfeiture 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 them. 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.

Our solicitors will walk you through the process and provide commercially minded insights to ensure that you do not waive the right to forfeit. We are experts in advising commercial tenants and landlords on applications for relief from forfeiture and will see you through the entire procedure, including court applications and hearings.

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.

Key questions about commercial property dilapidations

What are dilapidations?

Dilapidation is the state of disrepair of a property, sometimes by normal use of the property, but often due to the failure of a tenant to meet their lease repairing obligations. It can include interim dilapidations, which are caused during the lease term, or terminal dilapidations, which are where a property is left in disrepair by a tenant at the end of the lease. Examples could be a broken window, leaking plumbing, or damaged walls.

What is the Dilapidations Protocol?

The Dilapidations Protocol, sometimes known as the Pre-Action Protocol, is a set of procedures and rules that landlords and tenants need to follow when it comes to addressing property maintenance and repairs.

It is intended to help landlords and tenants reach amicable, voluntary agreements without having to get the court involved and pay extra fees. The Protocol includes the following:

  • A timeline for the exchange of relevant information
  • Standards for the content of schedules of dilapidations
  • Ground rules for any court proceedings
  • Assistance in making informed decisions about the merits of a case

The Protocol can be found here, and your dilapidations claim solicitor can help you to understand your obligations.

What are dilapidation costs?

Dilapidation costs are the funds it takes to restore a property in disrepair. There can be a wide range of damage that account for property dilapidations, with the severity of them affecting how much it will cost to fix them.

Repainting or replacing light fittings would be on the lower end of expenses, whilst structural repairs or replacing plumbing would be more costly.

Usually, these costs are summarised towards the end of the lease term during a dilapidations survey. They will then be compiled into a schedule, which outlines the repairs and what they will cost, which the tenant is then expected to pay.

This is the stage where dilapidations disputes typically arise. If you have been presented with a schedule of dilapidations or are assembling one, our dilapidations claim solicitors can support your claim and advise you on your legal obligations.

How to avoid dilapidations disputes on commercial property?

There are a few actions that landlords and tenants alike can take to avoid dilapidations disputes in commercial leases. For example:

  • Open communication regarding the condition of the property ensures that there are no nasty surprises that might trigger distrust
  • Taking photos or videos of the property’s condition when the tenant first moves in and when they move out, so that comparisons can be made fairly
  • Getting professional advice in order to ensure that the lease is legally sound, clear, understood by both parties and fair
  • Planning ahead to discuss the maintenance and repair obligations expected of each party
  • Maintaining the property and paying attention to damages when they are minor and ahead of them worsening
  • Documenting any repairs that you make
  • Agreeing ahead of time on a schedule in the event that dilapidations protocols need to be followed

A dilapidations claim solicitor can advise you on steps you can take to prevent dilapidations disputes.

Contact our commercial property dilapidations solicitors

If you have legal needs relating to commercial property dilapidations, reach out today and we can act quickly to help with protocol and expenses. We have years of experience in finding successful resolutions to property disrepair and dilapidations in commercial leases.

You can call our expert solicitors for commercial property dilapidations at 0800 988 7756, or contact us by using the simple enquiry form on this page. We have solicitors in Leeds, North Leeds and London who are ready to provide prompt, friendly advice.

If you have further queries regarding commercial property disputes, do not hesitate to get in touch with our commercial property disputes solicitors.

 

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