• Review the terms of the lease and any other documents
  • Undertake a detailed survey of the property
  • Review the Schedule of Dilapidations served by the Landlord
  • Advise you whether the items in the Schedule are valid
  • Discuss the claim with the landlord and their advisors
  • Negotiate the items with the landlord to reduce your financial liability

As a tenant of a commercial property, you will usually have an obligation to repair and maintain the property, which will be specified in detail within the lease.

As the lease comes to an end these obligations are reviewed by the landlord and often a Schedule of Dilapidations is presented to the tenant. This will detail any ‘items of disrepair’ that the Landlord believes the tenant should have done but has not done.

When we act for a tenant we review the lease, survey the property and provide an independent view of the repair obligations under the lease and whether the items of disrepair specified in the Schedule of Dilapidations are valid or not. We will contact the landlord or their surveyors to discuss the claim and look to negotiate this to an acceptable conclusion which usually involves doing some final repair work to the property or making a financial payment to the landlord in lieu of this work.

Our skills and experience mean that we can ensure that any claim by the Landlord is fair and reasonable and that the items of disrepair they are claiming for are appropriate for the particular building in the particular location. We will ensure that you are not unreasonably penalised by the landlord and the agreement reached is the best possible commercial outcome for you.
We are experienced on working alongside property litigation solicitors to help resolve any disputes.

An example of a Dilapidations claim we have negotiated on behalf of a Tenant is for The Children’s Heart Unit Foundation at The Fleming Centre in Newcastle.

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