Dilapidations is a complicated area which requires expert advice, whether you are a landlord wanting to ensure a property is brought back into repair or a tenant trying to minimise exposure to a claim on exiting a lease.
When acting for the landlord, we will prepare a schedule of dilapidations and cost up 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 and the cost of works are accurate. The extent of the dilapidations claim will depend 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.
At the termination of the lease, 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, which 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.