DILAPIDATIONS
Whether you are a landlord pursuing a dilapidations claim, or an occupier looking to ascertain their potential liability and/or defend a claim, WGM have in house dilapidation experts who can help you every step of the way.
Our team have experience of acting for European/UK funds, prop cos and global, national and local occupiers. We have represented clients at Alternative Dispute Resolution (ADR) and acted as expert witness on dilapidation matters.
If you need help with Dilapidations, WGM are ready and available to offer our expert services, contact us now by calling 07735 233 642 or send us a message at: dan@wgm-bc.co.uk.
DILAPIDATIONS FAQS
FOR LANDLORDS
When should a landlord serve a dilapidations claim?
Ideally 6-12 months from lease expiry.
How much does it cost to prepare a schedule of dilapidations?
It depends on the size, location and complexity of the site. However, in the vast majority of cases the preparation and service fee are expressly recoverable from the tenant.
Can I recover the cost a schedule of dilapidations from the tenant?
It depends on the lease, but in most instances – yes.
Can I proceed straight to court in a dilapidations claim?
In short, no. You need to follow the steps outlined in the Dilapidaitons Pre-Action Protocol.
What is the average dilapidations settlement?
It varies considerably based on numerous factors such as; type of property, location, lease covenants, lease length, is there a schedule of condition, landlord’s ability to demonstrate loss and many more!
Who can serve a dilapidations claim?
It would be prudent for either a Chartered Building Surveyor or a lawyer to serve a dilapidations schedule. The fee to do so is normally recoverable from the tenant.
Can I recover dilapidation monies if I plan to demolish the building?
In short no. This is called supersession and contravenes Section 18 of the Landlord & Tenant Section Act 1927.
Can I recover dilapidation monies if I plan to sell the building?
Possibly. It depends when you plan on selling the building and whether or not you will incur any loss as a result of the tenant’s breaches of lease.
FOR OCCUPIERS
What are dilapidations?
Dilapidations is claim for damages following a breach of a commercial lease.
Do you have to pay dilapidations?
It depends on numerous factors including but not limited to; your lease covenants, the landlord’s intentions, the landlord’s ability to demonstrate loss.
Can dilapidation claims go to court?
The short answer is yes. Albeit very few claims end up in court. Both parties are expected to follow the Dilapidations Pre-Action Protocol which aims to act as a handrail for surveyors to follow and encourages the early and exchange of information. It also sets out the steps parties should take before litigation.
Can I be ordered to pay my dilapidations invoice?
Dilapidations is a damages claim and you can end up in court as noted above. We therefore recommend seeking advice from a Chartered Building Surveyor who specialises in the topic.
How can I get out of paying a dilapidations claim?
The best way to reduce your potential liability is to appoint a Chartered Building Surveyor who specialises in dilapidations to firstly provide strategic exit advice (if the lease is yet to expire) and then negotiate the claim on your behalf.
How much can you save on a dilapidations claim?
On average, with a good dilapidations surveyor appointed – 60% of the contractual claim. However, our dilapidation specialists have reduced million pound plus claims to zero in instances.
How do you defend a dilapidations claim?
Firstly, appoint a Chartered Building Surveyor who specialises in dilapidations to act on your behalf. The good ones usually pay for themselves in a reduction on the claim!
Can a landlord serve a dilapidations claim after lease expiry?
In short, yes.
Can I undertake dilapidations works once the lease has expired?
In short, no. Once the lease has expired, the tenant’s right to enter the property and perform the works has gone.