In simple terms, Dilapidations are the exit costs, that Tenants are liable for, at the end of their leases, for reinstating their premises and putting them into full repair. Virtually every lease includes Dilapidations, liability and settlement of Dilapidations. Claims are invariably complicated and arrive as an unexpected bombshell for the unprepared Tenant.
The Lorenz Consultancy has specialised for many years in Dilapidation claims for both Landlords and Tenants of commercial buildings, both in London and Nationwide.
Whilst there is usually a legal requirement for the Corporate Occupier to reinstate their premises to their original specification, the Landlord’s claim can be negated if the Landlord's intend to redevelop will improve the original space, the Corporate Occupier’s liability may be significantly reduced, or even be nil.
When Tenants receive their Schedule of Dilapidations, most feel overwhelmed as the schedule is a lengthy legal document. It itemises, in detail, a Tenant’s Dilapidations liabilities which may include replacing specific lightbulbs, together with a large claim for damages. Which can then be debated and argued over in order to minimise a Landlord’s Dilapidations claim.
Landlords should also seek advice and protection from a Dilapidations Specialist. Properly assessed and presented Dilapidations schedules can prevent disputes with Tenants, that can result in a protracted negotiation before money is collected. This is even more vital when assessing the limitation of a Landlord’s Claim, when seeking damages against the Corporate Occupier for non-compliance with Lease covenants.
Dilapidations liabilities need to be assessed on individual cases by Specialist Dilapidations Surveyors, with detailed knowledge of commercial property in the neighbouring areas. Surveyors have the ability to cost and assess the merits of a reasonable claim, and to reach a reasonable negotiated settlement.
Our group and associated family have worked with Anthony Lorenz for over 4 decades and we would never dream of working with anybody else. Anthony always delivers success but most importantly he cements good, long term relationships between Landlord and Tenant. His track record is unequalled.
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Head of Lease Advisory
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