The term dilapidations used here refers to the condition of a tenanted commercial property, both during its term and when a lease ends. A lease outlines a tenant’s obligations to look after and maintain their landlord’s property, and dilapidations relates to breaches of this covenant to repair, redecorate and reinstate certain parts of the property.
Where there is disrepair the landlord will instruct his surveyor to prepare a schedule detailing the disrepair, this is known as a schedule of dilapidations. There are three types of schedules:
Interim Schedule which is served during the lease;
Terminal Schedule which is served in the last three years of the lease; and
Final Schedule which is served at the end of a lease. As the lease has come to an end, in this instance, the tenant will not be able to carry out the repairs because he will no longer have any right of occupation.
There is a Dilapidations Protocol which set out the pre-action protocol for claims for damages in relation to the physical state of commercial property at end of a tenancy.
We have extensive experience in pursuing and defending dilapidations claims when acting for landlords and tenants on all types of dilapidations claims. We advise upon the remedies available to them or steps they can take to limit their liability. We work closely with specialist building surveyors who prepare the schedule of dilapidation. Our conveyancing department can advise the parties prior to entering into a new lease.