LANDLORD OR TENANT DILAPIDATIONS
EXPERTS CRAIG ASSOCIATES
WILL SAVE YOU TIME AND MONEY
Dilapidations is a general term which covers a breach of covenant to repair a building or a part of a building included in a lease.
In the case of either a commercial or residential lease there are usually obligations imposed upon the Tenant to keep the building or the part they occupy in good and tenantable condition. If they fail to do so the financial implications can be very serious.
It is essential to use a chartered surveyor that not only has a detailed knowledge of construction but also an understanding of the many legal issues in this complex area of law.
How Craig Associates can help you
When acting for landlords we can:
- Prepare and serve Notices of Repair
- Provide a preliminary assessment of the existence and likely size of a claim and advise on the appropriate strategy for its execution
- Prepare a priced schedule of defects and statement of claim
- Negotiate the settlement of the claim with the tenant's surveyor
When acting for tenant
Landlords will usually issue a tenant with a schedule of dilapidations shortly before or immediately following lease expiry. These schedules are known as a terminal schedule of dilapidations and will detail, the breaches of lease covenant, the disrepair that the landlord considers to exist, the work that the landlord believes is required under the term of the lease to remedy the breaches of covenant and the cost of that work.
The schedule will also include various costs and fees incurred in the preparation and service of the schedule, and possibly other costs, the extent of which depends upon the particulars of the lease.
Craig Associates can:
- Carry out a preliminary assessment of the potential dilapidations liability of a leasehold interest prior to its acquisition.
- Provide an opinion on whether proposed repairing and reinstatement obligations are reasonable or unduly onerous.
- Limit the tenants repairing obligations by preparing a written and photographic schedule of condition and agreeing this with the landlord's surveyor.
- Challenging and negotiating the settlement of the landlord's dilapidations claim, and/or alternatively arranging for the carrying out of relevant repairs.