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Dilapidations

Dilapidations is concerned with commercial Leases. When letting business premises there will be contract terms set out between both the landlord and the tenant (lease clauses).  These clauses include the tenant’s obligation to decorate, keeping the premises in repair, putting the premises in repair, cleaning, maintaining the premises and procedures for allowing alterations to the premises.

A failure to comply with the above clauses either during the term (interim dilapidations) or more regularly at the end of the lease will result in a dilapidations liability – and the landlord will either seek damages or will wish to take possession of the premises to a lettable standard

 

At the end of the lease a landlord usually employs the services of a Building Surveyor who, acting for the landlord, will professionally and  impartially undertake a survey of the let premises and will check for breaches of the above obligations and prepare a schedule of dilapidations detailing works required in accordance with the lease terms.  

 

The schedule of dilapidation will provide costs and detail all decoration, cleaning, repairs and reinstatement works required to bring the property back to it’s original condition and layout.

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At CDA Surveyors our services include:

 

1. Preparation of dilapidation schedules for landlords (Terminal schedules, Interim schedules and Repair notice).

2. Negotiation of dilapidation settlements on behalf of the landlord.

 

3. Defence and negotiation of dilapidation claims on behalf of the tenant, acting as expert witness and court appointed expert in arbitration and litigation if necessary.

 

4. Strategic dilapidations advice on; tenant's liability on expiration of the lease term, tenant's exit options, operation of break clauses and repair covenants in new leases.

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