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.
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 these 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 act for some of the UK’s largest commercial occupiers and largest property companies and funds – we have a growing reputation for providing commercial aware advice and being easy to work with.