Dilapidations
What are Dilapidations?
Dilapidations are breaches of covenant to repair a building contained in a lease. Such breaches can take any form but are usually something that is falling into disrepair or has been broken. Dilapidations are often considered by tenants as insignificant however, the liability to repair can have serious financial implications and therefore the tenant must seek advice of a surveyor to avoid, limit or mitigate dilapidation claims from the landlord.
CVS can advise on:
• The scope and effect of repairing covenants and specific strategies
• Preparation and service of schedules both interim and terminal
• Relevant case law
• Compliance with legislation
• Tenants’ improvements
• Loss of rent and other claims
• Negotiate financial settlements if required or agreement upon scope, implementation of work
• Litigation support
No two dilapidations claims are the same because no two buildings are the same, nor will the lease covenants or other circumstances necessarily be similar either. It is therefore always prudent for the tenant to seek professional advice before contracting a new lease, or when served with a schedule of dilapidations in respect of an existing or historic lease.
