Dilapidations have significance for any person letting a property or any person occupying a property under a lease agreement i.e. for landlord and tenant. Effectively, dilapidations claims are breaches of a repairing covenant contained in a lease. At or near the end of a tenant’s lease, the landlord may instruct a surveyor to prepare a schedule of dilapidations which outlines building repairs that the tenant is responsible for under the terms of the lease.

 

We will use our expertise to identify and comment on breaches of lease covenants before suggesting appropriate remedies, preparing schedules and negotiating with other parties to achieve settlement of the claim. Acting as an advisor to either landlord or tenant, our aim is to provide objective advice in order to achieve settlement of the claim.

 

We are also able to act as expert witness in dilapidations matters where our overriding duty will be to the court rather than to our client.

 

Refer to:

Building Surveying - Property Acquisition - Schedules of Condition.

 

Using our expertise in settling dilapidations claims, we are well placed to advise businesses on the impact of repairing obligations contained in their lease. To aid financial planning, we are also able to inspect premises and provide projections of likely dilapidations liabilities at the end of a lease term.

 

 

• I’m a commercial  tenant and have been served with a schedule of dilapidations.  What are my options?
• A schedule of dilapidations is a claim for a breach of contract.  If a tenant does not comply with lease covenants to repair and redecorate during the lease term, then on expiration of the that lease, the tenant will have to deal with the disrepair.
• When served with a schedule of dilapidations, a tenant should appoint a surveyor to act as adviser.  The surveyor will be able to comment on alleged breaches of covenant and appropriate remedies, respond and negotiate with the landlord (or their surveyor) and provide strategic advice in relation to a claim.  In the unlikely event that an agreement cannot be reached, the surveyor can also act as an Expert Witness if the matter ends up in court.

 

• How can I protect myself from a large dilapidations claim on expiration of the lease?
• The simple answer is to commission a Schedule of Condition before the commencement of the lease.  The Schedule of Condition can be appended to and part of the lease and will be a factual record of property condition at the outset of the lease.  This document will safeguard both landlord and tenant against any misinterpretation of pre existing condition at the end of the lease.

 

• I’m a commercial landlord and one of my properties is in disrepair.  The lease is coming to an end, what can I do?
• A schedule of dilapidations is a claim for a breach of contract.  If a tenant does not comply with lease covenants to repair and redecorate during the lease term, then on expiration of the that lease, the tenant will have to deal with the disrepair.
• The landlord usually appoints a surveyor to act in an advisory capacity and to inspect the property, prepare a schedule of dilapidations for service on a tenant.  The surveyor will be able to comment on breaches of covenant, provide appropriate remedies, respond and negotiate with the landlord (or their surveyor) and provide strategic advice in relation to a claim.  In the unlikely event that an agreement cannot be reached, the surveyor can also act as an Expert Witness if the matter ends up in court.