Property dispute solicitors

Dilapidations

Dilapidations is a shorthand way of referring to the breaches of the tenant’s obligations in a lease that relate to the physical state of the premises. When a claim is made, it's important to involve a specialist dilapidations solicitor.

A dilapidations claim most frequently occurs when a tenant is found to be in breach of the obligations (known as “covenants”) outlined in their lease. Dilapidations claim are most commonly issued by a landlord at the end of a lease, however dilapidations claims can also be made during the continuation of the lease, subject to certain statutory requirements.

Most commercial leases will impose covenants that require the tenant to keep the premises in a particular state of repair and condition. There are also likely to be covenants that require the tenant to reinstate any alterations made to the premises, to comply with statutes and to return the premises to the landlord with vacant possession.

Dilapidations claims can be complicated for a variety of reasons. The standard or repair and the scope of the covenant vary from case to case, depending on the particular wording of the lease and the facts and circumstances in each case. The nature of the breach is also the subject of dispute and conflicting expert opinions. On top of this, there are important statutes which regulate dilapidations claim and displace the normal rules of contract law.

It can seem like a murky area of law. However, Morr & Co's team of specialist property solicitors regularly advise both landlord and tenants on these issues and we are well placed to assist in these cases.

Please contact one of the team for more information or to discuss your requirements.

Here are some resources to help landlords and tenants understand more about dilapidations claims and how to do deal with them. Please contact a member of our team if you would like any further information.

Matthew Hearsum

Partner

Dispute Resolution

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You should bear in mind that if your dispute is valued at less than £10,000 you will not be able to recover your legal fees from your opponent.

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