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Commercial Advice

Understanding Dilapidations

Whether a landlord or a tenant, having the correct advice and guidance for a commercial lease is essential.

In all tenancies, agreements are made in relation to the condition of the property and whose responsibility it is for repairs and maintenance, so it’s important to understand your rights and responsibilities at any stage of leasing out or renting a property.

Put simply, dilapidations are the costs involved in returning a property to its original state prior to being let, such as repairs and reinstatement works for any alterations made to the property by the commercial tenant.

If a tenant doesn’t keep the property in the state agreed, the legal covenants and relevant dilapidations case law will apply and landlords can serve a schedule of dilapidations to a tenant, which will form the basis of their claim. The dilapidations process takes place either during or towards the end of a commercial lease and involves assessing any disrepair of the property, breaches of lease agreements, where responsibilities lie, and how much it will cost to remedy.

Disputes can arise between landlords and tenants over this process, so to reach a suitable conclusion when dilapidations claims are made, each party will appoint professional representatives in the form of surveyors, as knowledge and experience of construction and dilapidations case law is essential to handle the dilapidations claim process.

Your surveyor will provide you with the expertise and guidance to ensure a fair and reasonable settlement is reached, providing advice on timescales, risks and costs.

They should advise on your liabilities under a commercial lease, and provide a thorough evaluation of the condition of the property, determining the extent of any breaches and negotiating to find a solution that’s beneficial to all parties.

At Fourth Wall we bring a wealth of knowledge and experience to support both landlords and tenants, so if you’re entering into a new lease, considering leaving or have left your premises, get in touch.

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