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Dilapidations



A breach of the repairing obligations in a lease, either by the landlord, or more commonly the tenant, gives rise to dilapidations.
 
Claims for the remedy of disrepair and reinstatement of the physical state of a property or for financial damages relating to dilapidations can be made during the lease period - often referred to as ‘interim’ - or after lease end; terminal dilapidations. This is a complex area of property legislation very much determined by the legal terms of the lease.
 
As a landlord you will want to preserve the value of your asset and not allow it suffer damage, waste or deterioration. You will want to be compensated for any losses that you incur as a result of your tenant failing to comply with their lease obligations, including your surveyor’s, engineer and lawyer fees. If you are the tenant you will need advice on the validity and quantum of your landlord’s claim. You will also want to be advised of any statutory protection. 
 
In either situation you need a surveyor and MEP engineer with knowledge of the legislation, the procedures, remedial work specifications and costs. And you need a trained negotiator beside you to achieve settlement of the claim and the resolution of any dispute.
 
Realpoint can act for you, whether landlord or tenant, and advise upon how to deal with the matter in the most effective way.