Dilapidations Services

Who does what?

A commercial lease shouldn’t present surprises, providing everybody is clear on what is expected of them.

Unfortunately, this is very often not the case. Contractual liabilities may have been misunderstood or ignored, the implications of a licence to alter may not have been factored in, and poorly drafted Schedules of Condition may not offer the protection that was envisaged.

We can ensure as smooth a process as possible, by assessing mid-term lease compliance, preparing dilapidations liability assessments, and terminal schedules at lease end.

The assessment will enable:

• each party to recognise and fulfil their obligations,

• a clear understanding of any cost implications,

• the best possible opportunity to promptly and robustly resolve dilapidations disputes.

Mid Term

Whether you are a commercial landlord or a tenant, establishing the implications of the relevant lease covenants, and state of repair, will enable you to take cost-effective, proactive, action to protect your interests.

For tenants, a realistic financial estimate of future dilapidations liabilities will facilitate a decision about whether to act now and undertake repair works or, at the very least, enables prudent financial planning. We can also support you in complying with break clauses.

For landlords, a mid-term assessment of the state of repair and tenant’s adherence to repairing covenants will enable enforcement of Jervis v Harris/Repairs Notice clauses. We will also comment on potentially unlicensed alterations.

There’s no need to be caught short in the process by mounting costs, but preparation is everything, so get in touch now to discuss how we can help you to be end-of-lease-ready.

Lease End

At or close to lease expiry, we will review all relevant lease documentation, carry out a detailed site inspection and and draft comprehensive Schedules of Dilapidations, adhering to the Dilapidations Protocol and RICS Guidance.

Complex claims are likely to will require a multi-disciplinary approach and we can coordinate specialist input from building services engineers and diminution valuation experts as necessary.

For landlords and tenants, a realistic appraisal of the claim and cost implications is key, as is reasoned and robust negotiation of the settlement.

We can also support you with the administration of dilapidations works to mitigate lease-end financial liability for tenants or, for landlords, to administer the necessary works after the tenant has vacated.