Whether you are a landlord or a tenant and whether your property
is commercial or residential you will need to consider your
repairing obligations, and where there is a breach of a repairing
obligation you may need either to make or defend a dilapidations
claim. Addressing dilapidations issues before they develop can save
time and money. In many cases they are not stand-alone issues. They
may be relevant, and perhaps very important, in relation to service
charges, lease renewals, and for tenants in particular in relation
to the expiry of their leases, particularly if they are exercising
a conditional break clause.
The professionals that are normally associated with high value
dilapidations claims or disrepair claims include property
litigation solicitors, building surveyors, valuers and barristers.
We have close connections with the property bar and other property
professionals. As with most disputes a lot of work is usually done
to avoid court proceedings and a dilapidations protocol exists to
assist in the resolution of these disputes. The first step is
usually the preparation of a schedule of dilapidations.
In residential or housing disrepair cases landlords and tenants
often have very different priorities when it comes to external and
roof repairs. The tension between the two frequently leads to
housing disrepair claims.
It is always desirable to address a repairs issue before it's
addressed by your opponent. A large part of our dilapidations
practice involves this sort of strategic advice: advice about
what's possible and what's not; what you should do; and when you
should do it. If this doesn't assist in resolving the issue then at
least it's prepared the ground for engaging in the dilapidations
protocol and any litigation that follows. If it comes to litigation
we can provide strong and assertive representation up to and