Dilapidations is a specialist area of building surveying which requires a host of technical skills and legal knowledge. It is an area subject to
continual development as case law can
and does significantly alter the way dilapidations claims are won and lost.
Dilapidations are breaches of covenant to repair a building contained in a lease. A typical modern commercial lease will describe in detail the
obligations placed on the tenant in keeping the property in good repair and decorative condition throughout the term.
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Dilapidations are a complex and contentious aspect of the landlord and tenant relationship, failure by either party to understand and comply
with their obligations can lead to dispute and the possibility of substantial financial loss.
No two dilapidations claims can be identical because no two buildings are exactly the same, nor will the lease covenants or other
circumstances necessarily be similar either.
The Civil Procedure Rules and the Property Litigation Association Pre-action Protocol have fundamentally changed the method in which
dilapidations are approached. Anderton Gables have a clear understanding of the procedures, which is paramount in order to avoid
prejudicing the claim.
This is not an area of practice for the inexperienced, the faint-hearted or ‘dabblers’ as they will be found out by more experienced surveyors
or opposing legal advisors.
Whether acting for landlords or tenants, Anderton Gables are able to advise the parties at the critical stage of entering into the lease and
towards the closing stages when a terminal schedule of dilapidations is served. Anderton Gables aim to provide the optimum solution on
behalf of our clients through the process of negotiation.
We currently act for one of the Country’s largest commercial Landlords preparing Terminal Schedules of Dilapidations and use this
experience as ‘Gamekeepers turned Poachers’ when defending claims for our tenant clients to great effect.
We recently negotiated a £110,000 Landlords claim down to £4000, by advising the tenant upon which works were valid and should be
carried out prior to vacation and by challenging the items of the claim which were incorrectly included, exaggerated or di-minimis.





