CLOSE SEARCH
Our specialist property disputes solicitors advise commercial landlords and tenants on dilapidations claims at the end of, and during, commercial leases.
We help landlords maximise legitimate recovery and tenants challenge excessive claims, working closely with experienced surveyors where required. Our focus is on the commercial value of the claim, the evidence and achieving a negotiated solution wherever possible.
Taylor Rose combines experienced property litigators with one of the country's largest and most experienced commercial property teams, giving us strong expertise in the leases and property issues underlying dilapidations disputes.
A landlord may be facing substantial expenditure to put premises back into the condition required by the lease, particularly after a long tenancy or significant tenant alterations.
We can help you:
assess the tenant's contractual repairing and reinstatement obligations;
work with your surveyor on the legal issues arising from the schedule of dilapidations;
identify alterations which should have been removed or reinstated;
respond to challenges to the scope and value of the claim;
assess arguments that proposed works will not actually be undertaken or will be superseded by redevelopment;
pursue unpaid sums and other related lease liabilities;
negotiate a financial settlement; and
pursue proceedings where the value and strength of the claim justify them.
Strategy should take account of what you intend to do with the property after the tenant leaves. Reletting, refurbishment, redevelopment or sale plans can materially affect the dispute and the appropriate approach.
Dilapidations claims can be substantial and should not simply be accepted because they are supported by a detailed schedule prepared for the landlord.
We advise tenants on the legal basis and realistic value of the claim, working alongside the tenant's surveyor where appropriate.
We can challenge:
work which is not actually required by the lease;
an excessive standard of repair;
reinstatement which the landlord is not entitled to require;
unreasonable remedial costs;
claims for work which the landlord does not intend to undertake;
losses which do not reflect the actual effect of the alleged disrepair; and
other sums included alongside the dilapidations claim.
The objective is to identify the tenant's genuine liability and negotiate from that position rather than simply arguing over every item in the schedule.
The best time to take advice about dilapidations is often before the tenant has left.
For landlords, this can provide time to establish the condition of the property, identify breaches and coordinate the legal and surveying strategy.
For tenants, early advice can help determine what work should actually be undertaken before expiry and whether spending money on particular repairs or reinstatement is commercially sensible.
This can be particularly important where there are extensive alterations or substantial disrepair.
Decisions made before the lease ends can materially affect the eventual financial claim.
One of the most important aspects of a dilapidations dispute is establishing what the landlord has actually lost.
A schedule may identify substantial works and costs, but that does not necessarily mean the tenant is liable for the total figure.
The landlord's plans for the property, whether works will actually be undertaken and the effect of the property's condition on its value can all become important.
This is often where legal, valuation and commercial considerations intersect and where specialist advice can materially change the value of a claim.
Most clients do not want a lengthy dispute after a commercial lease has ended. They want financial certainty.
Dilapidations claims are therefore particularly suited to focused negotiation once the legal, surveying and valuation positions have been established.
We can conduct negotiations directly or work alongside the client's surveyor, depending on the issues in dispute.
A settlement can avoid the cost and uncertainty of proceedings and allow both parties to close their exposure and move on.
Dilapidations claims vary from relatively modest disagreements to substantial six or seven-figure liabilities.
Legal involvement should reflect what is at stake.
In some cases, the most valuable role for us may be to advise on one disputed lease provision or strengthen the client's negotiating position. In larger or more contentious claims, we can take conduct of the legal strategy from an early stage through to settlement or proceedings.
We can agree a staged approach so that legal expenditure remains proportionate to the potential saving or recovery.
If you are facing a substantial dilapidations claim, or a commercial lease is approaching its end and significant repair or reinstatement issues are likely, getting lawyers and surveyors aligned early can strengthen your position.
Contact our specialist property disputes team to discuss the lease, the potential claim and the most commercially effective way forward.
Telephone -
9am to 5pm
Acting Head of Property Disputes
Alex has a vast amount of experience in various complex property disputes and always strives to work with his clients to achieve the most cost effective and efficient outcome.
Meet some of our other specialist property litigation lawyers.
Call our team or fill out the form below and we will get back to you as soon as possible.
Telephone opening hours -
9am to 5pm
