DILAPIDATIONS DISPUTES & ADVICE

Commercial leases are usually clear on the tenant’s dilapidations obligations. These will include the obligations to repair, decorate, clean and maintain mechanical and electrical systems. Landlords expect and are entitled to have their property kept in the state of repair stipulated by the covenants of the lease.

 

Where a tenant has failed to comply with their repairing obligations, a landlord may bring a claim for damages, also known as a “dilapidations” claim, against the tenant for breach of contract. The issue of dilapidations can arise during or at the end of the lease.

 

When advising in connection with dilapidations our members at Mercantile Barristers are able to guide landlords and tenants alike on; the obligations pursuant to the lease; the obligations set out by common law; whether caps can be imposed on the landlord’s ability to recover damages pursuant to the Landlord and Tenant Act 1927. If matters become contentious, our barristers can advise on the Pre-Action Protocol for claims for damages in relation to the physical state of commercial property at the termination of a tenancy.

 

Our barristers can act for both landlords and tenants in addressing the reasonableness of the extent of dilapidations provisions. It may be that additional expert input is necessary from expert building surveyors to prepare, or respond to, a schedule of dilapidations. Our barristers are capable of working with these experts as well as valuers, quantity surveyors and specialist mechanical and electrical engineers in order to protect our client’s interests.

 

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