Dilapidations
The practical definition of dilapidations is the “exit costs” to the tenant of putting a property back into repair and potentially reinstating tenant’s alterations at the termination of a tenancy / lease. These dilapidations costs are frequently a shock to the tenant who receives a schedule of dilapidations from its landlord.
Dilapidations are an area of growing dispute between landlords and tenants as the lifespan of leases becomes shorter. Green Consultants surveyors as dilapidations specialists advises both landlords and tenants upon the valuation and legal dilapidations issues that influence the level of dilapidations claims at lease / tenancy expiry.
We have built a reputation, and loyal client base, on the strength of our unparalleled and strategic expertise in this field, which pays dividends for our clients who simply cannot afford to risk engaging a practitioner who ‘dabbles’. Our strict adherence with the latest procedural protocol and our knowledge and application of relevant case law sets us apart from our competitors.
In commercial property, Dilapidations principally concerns the Tenant’s failure to observe certain express and implied obligations within the lease, thereby committing a breach of covenant. In general terms, this falls in to four main categories: repair, decoration, reinstatement and statutory compliance.
Navigating a dilapidations claim goes much further than the schedule of dilapidations. It is the skill of the dilapidations negotiator that ensures success. We are experienced dilapidations negotiators in this field:
- providing initial dilapidations estimates
- arranging a schedule / survey of dilapidations
- interpreting the lease in relation to dilapidations
- serving quantified demand well on time
- if appropriate arranging for dilapidation works to be undertaken
- advising on the implications of dilapidations legislation including section 18 of the Landlord & Tenant Act 1927
- advising tenants whether to carry out the works within the dilapidations schedule
- advising either landlord or tenant as to the tactics / timings to employ
- negotiating the dilapidations claim
- advising on the Dilapidations Protocol
- preparing Section 18 valuations which can have the effect of significantly reducing a tenant’s dilapidations liability.
For further information, please contact us.