Dilapidation’s claims are often brought under Landlord and Tenant Act 1927 by a landlord against a tenant for breaches of the repairing and decorating obligations either during or at the end of a commercial lease to recover the costs of repair and compensation for the rent lost during the reinstatement works and any legal costs of enforcement.
When entering into a commercial lease, it is vital both the landlord and tenant understand their responsibilities and liabilities regarding repairs. Dilapidation disputes can be extremely costly and time consuming, especially if they end up in court. Our solicitors will navigate you through this complex area of the law by making offers to settle the claim out of court or before it reaches a final hearing. If the parties cannot come to an amicable agreement through negotiations and court proceedings are issued, we will ensure that the pre-action protocol for dilapidation claims is complied with and if the claim reaches trial, we shall robustly fight your corner to obtain the best possible outcome for your business.
Dilapidation Claim By Landlords
TV Edwards Solicitors can help you instruct a surveyor to prepare a schedule of dilapidation’s recording the alleged disrepair and draft and serve the repair notices, known as:
- Interim schedules and repair notices – These are drafted and served after an inspection of the premises during the term of the lease. If a tenant fails to act, the landlord may re-enter the premises, carry out the works and invoice the tenant.
- Terminal schedules and repair notices – These are drafted after the lease has expired or earlier, where a tenant has vacated the premises. Once the lease has expired the tenant will lose the right to undertake the work once the lease has expired
Dilapidation Defence for Tenants
Where a tenant receives a dilapidation’s schedule or notice to repair, we can advise you of the merits of the claim so that you can decide whether to undertake the works during the term of the lease or agree a financial settlement and challenge the costs claimed by the landlord based on their intentions for the premises.
Our specialist advisors will try and limit the landlord’s dilapidation claim to actual losses particularly where a landlord intends to alter or redevelop the property.
Alternative Dispute Resolution
If you do not want to go to court or your lease has an Alternative Dispute Resolution (ADR) clause in it, we can assist you in fighting your corner. We are skilled in commercial mediation, arbitration and negotiation and can help find a way forward in a manner that represents our clients’ best interests and preserves the ongoing relationship between the parties.
How our Dispute Resolution team can help
If you are seeking a Solicitor to advise you in relation to commercial dilapidations claim or would like to find out about our services more generally, please contact our Dispute Resolution team at TV Edwards Solicitors.
T: 0203 440 8139
35-37 Mile End Road, London, E1 4TP