Dilapidations is a complicated area which requires expert advice. If you are a landlord you will want to ensure a property is brought back into repair. If you are a tenant you will wish to minimise exposure to a claim on exiting a lease.
When we act for the landlord, we will prepare a schedule of dilapidations. We will also cost up the works in the schedule for service on the tenant.
Alternatively, if acting for a tenant, we will investigate a schedule prepared by a landlord to see if it is accurate. We will also check that the cost of works are accurate. The extent of the dilapidations claim depends on the lease terms and the intentions of the landlord. We undertake negotiations on behalf of our clients with a view to agreeing the extent of the works.
When a lease terminates, the landlord’s claim is often limited to a financial settlement (‘damages’) in lieu of works being undertaken. Damages cannot exceed the loss to the landlord in the value of its reversionary interest. This is where S.18 diminution in value calculations come in. We are experienced in providing such calculations.
In cases that cannot be agreed, we are experienced in providing expert witness reports and testimony in court.