Dispute Resolution Department

Dilapidations and Disrepair

The starting point is to look at the Lease to consider at what stage any repairs are to be carried out, dilapidations dealt with and what remedies are available:  and to ensure relevant notices and requests are sent by either Landlord or Tenant.

In addition to the right to terminate a lease by way of forfeiture a failure to carry out the contracted repairs during the Lease may entitle the Landlord or Tenant to claim compensation.  However, statutory restrictions can reduce the amount claimed specialist legal advice to ensure that any claim is maximised or kept to a minimum.

Many modern day leases also provide for either party to carry out any repairs and to recover the costs of doing so, and in the case of a Landlord allow entry the Property in order to do so.  Careful consideration must be given as to how and when to enforce any such clauses in order to preserve any ongoing business relationships.

Should a Landlord chose to wait until the Tenancy ends to address the issue of repairs through a dilapidations claim, or a Tenant seek to terminate on these grounds,  we work closely with a number of expert surveyors in order to negotiate or mediate settlements without the need for costly litigation, relying on the Court as a last resort.

Other Breaches

In the case of any breach of lease obligations, (with the exception of rent arrears), the starting point is almost always to serve a notice, asking for this to be remedied if possible, and if not, spelling out the consequences of the breach.  The type of notice and who and how to serve this, will be either specified in the Lease or implied by the Courts, and the type and amount of any claim, and who to claim against, can vary significantly depending upon whether this is made before or after the Tenancy ends: and the presence of any sublease or assignment.