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Commercial Litigation

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Dilapidation claims

Under the terms of most leases, you are legally obligated to maintain the condition of the property you inhabit. The lease will indicate what standards are expected at during your tenancy and clearly outline what actions are expected from you. However, many people do not realise that at the time of signing the lease, the property might have been in worse condition than how it was portrayed originally.

What must the schedule of dilapidations indicate?

Landlords can issue a schedule of dilapidations, which outline any breaches of covenants or obligations of the tenant in terms of the general condition of the property. The schedule must indicate:

  • Specifically which terms of the lease were breached by the tenant
  • What action must be carried out by the tenant in order to put the property in the physical condition required by the lease
  • The full costs of any work required by the landlord

How can I avoid dilapidation claims?

There are several ways you can avoid dilapidation claims. These include but are not limited to:

  • Employ the assistance of a solicitor or surveyor before you sign a lease; they will make sure that the condition of the property outlined in your lease corresponds with the actual condition of the property
  • Negotiate the terms of your lease and ensure the terms are appropriate
  • Make sure you are fully aware of your rights as a tenant and that you are well versed in common factors that may result in dilapidation claims
  • At the end of a tenancy, before you vacate the premises, ensure that the property is in an appropriate condition

How can Lance Mason help?

We can offer:

  • Advice for tenants who wish to occupy a property
  • Advice for landlords on lease agreements
  • Advice on dilapidation claims from the perspective of both the landlord and the tenant
  • Legal representation for either party in the event of a dispute

To arrange a free consultation, call our experts today on 08000 84 2000.

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