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At Carlton Park Management we have the knowledge and experience to advise commercial property landlords of their rights when encountering dilapidation claims. Our team will ensure the correct processes are followed and that costs are covered

Dilapidations Advice

Dilapidations refer to the breaches of lease agreements that are in relation to the condition of the property during the tenancy or when the lease ends. Your tenant has an obligation to you, under the terms of the lease to keep your property in good repair and if they fail in this regard you should be able to recover the cost of work and repairs from your tenant.

With budgets tightened, tenants will often fall behind on their repairing obligations under their leases. However, these obligations cannot be avoided altogether. The implications of non-compliance become particularly evident at the end of the term when the landlord serves a schedule of dilapidations. This sets out the works required to put the property into repair, and the cost of carrying them out which the tenant will be asked to pay.

The tenant therefore has two choices; either comply with the repair obligations and carry out works necessary to achieve this prior to the lease expiry; or pay the landlord for the cost of the works (and no doubt also professional fees for monitoring them), together with an amount for loss of rent while the repair works are carried out by the landlord after the expiry of the lease.

However, when a tenant is served with a schedule of dilapidations, it should not be assumed that the tenant is liable for the full amount shown.

The following considerations should be made:

  • Is there a schedule of condition attached to the lease, limiting the extent of the tenant’s obligations?
  • Are there any subleases in place containing repairing obligations, allowing the tenant to off-load some of the responsibility to the subtenants?
  • Has the tenant appointed its own surveyor to check the extent of the repairs required and the reasonable cost involved?

At Carlton Park Management we have the knowledge and experience to advise commercial property landlords of their rights when encountering dilapidation claims. Our team will ensure the correct processes are followed and that costs are covered

  • Simon G
    Israel has recently assisted me in reclaiming outstanding rent owed by previous commercial tenants. Initially, I didn’t think I was able to secure the amount owed – let alone that it would be financially viable to do so. With Carlton Park’s help, I’ve been able to retrieve [a large percentage] of backdated rent, and in the process, enthusiasm in my investment has been restored. In short, I'm very happy with the work undertaken on my behalf. Thank you Israel and the Carlton Park team.
    Simon G
    Private Commercial Landlord
  • David Bailey
    I have worked regularly with Israel on various commercial property matter for over 8 years. He is very knowledgeable and experienced in commercial property management and always goes the extra mile to get the right result for his clients. He is professional and courteous at all times-and is especially good a keeping a cool head in difficult situations.
    David Bailey
    Commercial Property Disputes at Napthens LLP
  • Avi Barr
    Israel is one of those rare individuals with a wealth of experience of the day to day aspects of property management but with expertise and knowledge to assist his clients by providing very accurate and helpful advice to the professionals he works with. As a lawyer I find Israel a very proactive and commercial client who is always able to contribute with effective and well thought out strategic approaches to property issues
    Avi Barr
    Lawrence Stephens Solicitors