Dilapidation Claims | Property Litigation

Our property litigation solicitors understand the difficulties faced by both landlords and tenants when covenant breaches occur, within commercial property.

Disagreements and further disputes can incur unplanned costs for both parties and can use up valuable time, making business continuity challenging on both sides.

If you’ve served or received a property dilapidations claim and require legal advice and guidance, contact our dilapidations experts, James Fownes or Martin Edwards or another member of the property disputes team for a free initial discussion or submit your details in the form for a callback.

What are dilapidations?

Dilapidations refer to property disrepair. Dilapidations include the repairs, redecorations and reinstatements that are needed throughout a lease to a tenant and/or when the lease has expired. We often see claims for damages for dilapidations on commercial sites such as offices, warehouses, and retail space (although they can relate to any kind of leased property).

The following covenants, when breached, will usually relate directly to a tenant’s liability for dilapidations:

Landlords will typically include these covenants in their lease documents to ensure tenants are aware of and adhere to their repairing requirements while occupying the commercial space, and when their lease ends.

Repairing covenant

Decorating covenant

Covenant to yield up

Reinstatement covenant

Dilapidations law advice for landlords

We can advise on the specific remedies that are available to landlords concerning their dilapidation claims. However, it’s important to note that landlords should not expect their property to be returned in brand new condition – only to the standard dictated within the lease agreement with the tenant. If any further alterations are planned for the property post-lease, this could also pose restrictions on claims.

Dilapidations law advice for tenants

We’re also adept at providing tenants with advice regarding dilapidations, most commonly regarding lease covenants, surveys and expenditure. We also recommend both parties seek legal advice early on regarding dilapidations, as it’s important to have a balanced understanding of the lease agreement and what it entails, and gives chance for any queries regarding the covenants on the tenant’s behalf before commencing the commercial relationship.

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How we work with you

Dilapidations claims are subject to a protocol. Our reliable skilled experts can guide you through this process.

Our experts work closely with professionals you may need and have strong working relationships with the following. We can put you in touch with or assist you to access the following:

Building Surveyors

Valuation Surveyors

Specialist Counsel

Why choose Shakespeare Martineau?

We are renowned for our quick, clear thinking and inventiveness when it comes to property disputes. Time is valuable and as such we make it our aim to deliver practical resolutions wherever possible, exhausting all avenues such as mediation and ADR.

If this isn’t possible, we are will work with you through the court litigation process to help maximise your chances of winning at trial.

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Call us | 0330 024 0333