Claims for dilapidations arise when a tenant fails to keep a property in a state of repair, in breach of the repairing covenants contained in a lease. A landlord may serve an interim schedule of dilapidations during the term of the lease or, a terminal schedule at the end of the term. The schedule will be prepared by a building surveyor instructed by the landlord. Early preparation is essential, by both landlord and tenant and legal advice should be sought 12 to 24 months before the expiry of the lease.
We can help by:
- Formally serving interim and terminal schedules in accordance with the Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (“Protocol”), advising on timing issues in the claim per the lease and the Protocol and strategy
- Working with the client and its surveyors in assessing the value of the claim and advising as to the common law and statutory limitations of the claim
- Negotiating a pre-action settlement of the claim
- Issuing or defending court proceedings in a claim for damages (in respect of a terminal schedule) or for specific performance (in respect of an interim schedule)