Dilapidations

Dilapidations

A breach of the non-financial obligations in a lease, can give gives rise to a dilapidations claim.
 
Claims for the remedy of disrepair and reinstatement of the physical state of a property or for financial damages relating to dilapidations can be made during the lease period – often referred to as ‘interim’ - or after lease end; terminal dilapidations. This is a complex area of property law, with a number of related statutes and a wealth of case law. The procedures and timescales relating to this are often crucial in successfully pursuing or defending claims.
 
As a landlord you will want to preserve the value of your asset and not allow it suffer damage, waste or deterioration. You will want to be compensated for any losses that you incur as a result of your tenant failing to comply with their lease obligations, including your surveyor’s, engineer’s and lawyer’s fees. If you are the tenant you will need advice on the validity and quantum of your landlord’s claim. You will also want to be advised of any statutory protection. 
 
In either situation, you need a building surveyor and M+E engineer with knowledge of the legislation, the procedures, remedial work specifications and costs. And you need a trained negotiator beside you to achieve settlement of the claim and the resolution of any dispute.
 
We have a highly regarded team of industry-recognised experts who can act for you, whether landlord or tenant, and advise upon how to deal with the matter in the most effective way. We also provide lectures and training courses in dilapidations on behalf of the RICS, a number of commercial conference companies and for client organisations wishing to learn more about the subject.

Related Case Studies

Related People

Paul Spaven FRICS

Paul sits on TFT’s Executive Board as the Strategic Growth Partner and is the founding Partner of the Bristol office.

Neil Gilbert MRICS

Neil is a Partner in the Bristol office and heads TFT’s Dilapidations Working Group.

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