Beginners Guide 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.
Joshua Weston BSc (Hons) MRICS

By Joshua Weston BSc (Hons) MRICS

Josh founded Fourth Wall in late 2020 having had a wide ranging experience of projects and professional instructions across the North West and the UK at various scales and stages of development, design and delivery. He works closely with clients and consultant teams on principally residential and commercial schemes, with a keen interest in appointments which provide social value and rejuvenate existing heritage sites to create interesting and engaging spaces.

Josh studied Building Surveying at Sheffield Hallam University (SHU) and before founding Fourth Wall worked at Jones Lang LaSalle (JLL) and Lambert Smith Hampton (LSH) on a range of commercially led professional appointments and developments, predominantly for institutional investor, transport and public sector clients, across Manchester and the North of England.

Josh has a focused interest in how modern technology and media influence our use of buildings and the practices within the profession, and how this can be engaged to enhance our clients’ experience with the assets they own, manage, or occupy.

When he’s not looking up at building facades or skulking on rooftops, Josh can be found indulging his wildly eclectic taste in food, both inside and outside the kitchen, and exploring the world one beach bar or sunrise mountain top at a time.

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