Dilapidations

Dilapidations

Poole & Company acts for commercial and residential landlords and tenants in settling dilapidations claims at the termination or surrender of leases. We undertake all dilapidations claims in accordance with the current edition of RICS Guidance Note ‘Dilapidations in England and Wales and Pre-Action Protocol for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (the ‘Dilapidations Protocol’) under the Civil Procedure Rules.

Dilapidations claims must be conducted by landlords’ and tenants' surveyors in an open and transparent manner, whereby the object of both surveyors is to use their professional experience and integrity with a view to reaching agreement on the extent of liability and advising their clients accordingly. The surveyors may be required to support their position under cross-examination in Court.

When acting for the Landlord we will typically: -

  • Review the lease and any other relevant documents, such as Licences to Alter, sub or underleases, to establish the tenant’s liability and any breaches committed;
  • Prepare an accurate and compliant Schedule of Dilapidations;
  • Inspect works undertaken by the tenant before lease expiry to confirm compliance with the Schedule of Dilapidations;
  • Negotiate settlement of a claim for damages with the tenant's surveyor when the lease term has expired.

When acting for the Tenant we will typically: -

  • Confirm the accuracy and validity of the Schedule of Dilapidations served on them;
  • Check that the standard of repair and/or reinstatement required by the Schedule of Dilapidations is in accordance with the repairing liabilities;
  • Establish whether any statutory relief is available to the tenant;
  • Negotiate settlement of a claim for damages with the landlord’s surveyor where the lease has already expired and the premises was left in disrepair.

We prepare comprehensive Schedules of Condition.  A Schedule of Condition is a contemporaneous written and photographic record of the condition of a building (or parts of a building which are the subject of the lease) at or immediately prior to commencement of a lease. Schedules of Condition are normally used where the tenant's repairing liability has been limited to no higher standard than existed at the commencement of the lease, so it is important that they are thorough and contain photographs referenced to the text for clarity.

We also act on behalf of commercial landlords and tenants in preparing pre-termination inspection reports in advance of formal Schedules of Dilapidations being served. This enables both parties to understand their respective rights and responsibilities in good time and hopefully avoid disputes arising upon eventual termination of the lease.

If you would like further information or a fee quotation, please contact us.