Dilapidations for Landlords

It is essential for Landlords to prepare accurate dilapidations claims in a timely manner where there are commercial lease expiries (or potentially breaks) looming and ensure they follow the relevant guidance & protocol.

There’s always a risk of dilapidations with any tenancy. The key to mitigating any financial exposure to this risk is to obtain professional dilapidations advice at the earliest stage.

You can rely on us to evidence the tenant’s failings (…. it’s all about the breaches) and prepare a credible dilapidations schedule.

Equally, you can rely on us to develop a strategy to bring about a resolution. We are very conscious that a quick commercial settlement might well be in your interest.

Landlords should consider the potential for dilapidations right from the start of a lease, and throughout its term.

– When drawing up a commercial lease – Make sure you define the demised premises and the obligations for repair, redecoration and reinstatement.

– During the term of the lease – make sure your tenants carry out the repairs stipulated in the ease

– When approaching the end of a lease – check that the tenant has carried out all necessary work

– At lease expiry – If a tenant has failed to keep a property in good repair, or has not reinstated alterations you should be able to recover the costs of remediation. Additionally, there is the potential to claim damages for the loss of rent while works are being undertaken. Both of these remedies are only available if the appropriate steps are taken when addressing a dilapidations claim.

Determining what constitutes reasonable repair and its effect on property value is one of the most problematic areas for leasehold premises.

Disputes over dilapidations can ultimately end up in the courts if they are not carefully managed. This will potentially incur the significant costs associated with any legal action.

Anstey Horne have extensive expertise in managing dilapidations. We give our clients the best footing for negotiations. We also provide certainty regarding financial expectations and in terms of the physical condition of the premises at break or expiry.

Our highly-experienced team can offer the following services :

– Lease review and dilapidations advice

– Inspecting properties and preparing schedules of dilapidations and claims

– Negotiating the best settlements achievable

– Advising on appropriateness of diminution valuations

– Tactical advice to aid dilapidations resolution

– Monitoring and inspecting tenants’ dilapidations works projects

– Managing dilapidations works projects on behalf of landlords

For further information on a range of Dilapidations subjects, see our insights and also some recent articles below :

• What are Dilapidations
• Dilapidations Fact Sheet
• Reducing Dilapidations Liability
• Dilapidations Tax Relief
• VAT and Dilapidations
• Dilapidations for Tenants
• New Lease Schedule of Condition
• Commercial Lease Repair Obligations

Also, check out our recent work on Dilapidations at the M58 Business Park.