DILAPIDATION CLAIM SOLICITORS
Are you looking for the best lawyers to help you sort out a dilapidation claim?
There are two types of Dilapidation
Term Dilapidations and Terminal Dilapidations.
Term dilapidations occur during the life of the lease. Terminal dilapidations occur when the lease has ended. Whichever it is, they often become contentious and can have serious financial implications for you.
Repairing covenants will be found in your lease, but common clauses include:
- Repairing covenant
- Decorating covenant
- Covenant to yield up (specifies the state in which the property should be left at the end of the term)
- Reinstatement requirements which relate to alterations carried out by the tenant
How to deal with dilapidation claims
As a landlord, you will want to get the property into shape by the end of the tenancy in order to re-let it again. Timing is therefore essential in dealing with such claims. Your plans should be considered at the earliest opportunity.
Most leases will give the landlord the right of entry to inspect the premises. We would suggest you carry our inspections periodically throughout the tenancy.
If repairs are needed during the tenancy, subject to the terms of the lease, you can insist your tenant carry out the repairs or pay damages equal to the cost of repair.
It is important to note that if you carry out the repairs, the amount you can recover is limited to the decrease in value of the property as a result of the breach.
Toward the end of the tenancy you should allow sufficient time for you to ask your tenant to comply with the repairing obligations.
If your tenant fails to carry out repairs you can use the Pre-Action Protocol where you would prepare and serve a schedule of dilapidations together with a formal demand. Your tenant is then required to respond after which there is usually a negotiation to quantify the loss. There are potential cost consequences of failing to follow the protocol.
In cases where you want to redevelop or demolish the premises then you will be unable to recover damages for breach.
How can we help you?
In the event that you are unable to reach an agreement with your tenant, we can take over and use the pre-action protocol for dealing with dilapidation claims and any subsequent court process. Please call now.
All initial enquiries are completely free of charge. We can offer a fixed fee quotation.
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