Commercial property leases will often contain clauses concerning dilapidations. These essentially provide that any disrepair, damage, or other defects to the property must be rectified by the tenant.
This makes dilapidations a very common area of dispute between landlords and tenants.
Claiming for dilapidations as a landlord
As a landlord you will want your property to be maintained in good condition by the tenant both during the lease term and when the tenant vacates.
A commercial lease will set out a tenant’s obligations in relation to the condition of the property during the term and at expiry. If a tenant fails to comply then a landlord generally has the right to claim for the costs of any works required to remedy the tenant’s breaches, known as dilapidations. The landlord’s right is subject to certain limitations.
If you think you have potential grounds to claim dilapidations, you should seek expert advice from a specialist commercial property litigation solicitor to help you.
Facing a dilapidations claim as a tenant
As a commercial tenant, it is important to be aware of dilapidations’ provisions in the lease and to understand the rights and obligations they confer.
A dilapidations claim can often come as a shock to tenants who were not aware of the clause in the lease. To compound the issue, claims may often be for a significant amount of money.
If your commercial lease is ending soon, you should seek specialist advice from a commercial property litigation solicitor about the possibility of facing a dilapidations claim. This prior warning can help you prepare if a large lump sum payment may be required.
The complex nature of dilapidation disputes
This is a very complicated area of law, involving interpretation of the lease terms and application of the relevant legislation, particularly s.18 Landlord and Tenant Act 1927. Additionally, when managing a dispute over dilapidations, the Dilapidations Protocol will be a consideration. This is a framework intended to help landlords and tenants resolve their dilapidations disputes in a timely and cost-effective way.
Instructing Luscombe Gray
Luscombe Gray is a boutique property litigation firm, providing a legal service tailored to the needs of our clients. We believe first-class legal advice should be available to all.
If you need legal support for a dispute concerning dilapidations, contact Luscombe Gray for clear and expert advice. Your case will be handled by an experienced property litigation solicitor.
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