Dilapidation

Property repairs for Tenants

Your commercial lease is near its end. You do not intend to renew. Your solicitor told you that you had to 'yield up' the premises in a good state of repair. You do not want an expensive Schedule of Dilapidations served on you.

Perhaps you want to exercise a break clause. If your break notice is to be valid, the lease may require you to return the premises in 'substantially' good repair

1. Check the exact wording in your lease. Do you have to fund improvements as opposed to repairs

2. Engage a dilapidations surveyor to advise what ought to be done. If you get a Schedule, he will argue the items of repair and their estimated cost

3. Does the Schedule follow the guidance notes prepared by the Royal Institute of Chartered Surveyors?

4. Does the Schedule state what the freehold is worth with the dilapidation fixed and not fixed - the difference being the most you can be charged

5. Ascertain the Landlord's plans. If he intends to demolish / develop, then why should you pay anything?

6. Ascertain the Landlord's requirements ASAP (i.e. find out where you might argue)

7. Take advice well before the lease ends. Give yourself time to get the work done yourself - probably cheaper than the Landlord using his favourite contractors

The premises may be a bit tired and run down. Do not let the Dilapidations make you the

Related topics you may find

Business tenancies
Commercial leases
Landlord tenant disputes
Property - Commercial

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment