Dilapidation Claim Solicitors

At first, dilapidation disputes can be seemingly impossible to resolve. However, with the correct legal input, a dilapidation claim can be settled with minimum fuss. Our solicitors can help you navigate a dilapidation claim, helping you to reach a swift and successful conclusion.

What is a dilapidation claim? 

A commercial lease puts the onus on a commercial tenant to keep the premises in good repair. It may also specify that a tenant must complete certain maintenance, redecoration and repairs, before returning the property at the end of the tenancy.

If a landlord considers that a tenant has failed in their obligations, then a dilapidation claim may arise. This is when the landlord seeks to either forfeit the lease, or seeks to recover the cost of repairs from the tenant.

However, the tenant may query the extent of their responsibilities, as set out under the terms of the lease. Questions may also be raised as to whether any damage extends beyond ‘reasonable wear and tear’, and the true motivation behind the landlord’s claim.

Advice for landlords

Whether you have grounds for a dilapidation claim mid-way through a tenancy or at its end, we will talk you through the potential avenues of approach. This includes informal negotiation with the other party, formal mediation and court proceedings.

Dilapidation claims begin with a set process, the first step of which is to serve the tenant with a Schedule of Dilapidations. We can advise you of the correct protocol, helping you achieve the desired remedy. This might include forfeiture of the lease or the payment of damages.

Advice for tenants

Depending on the circumstances, a landlord may either seek to forfeit your lease, or pursue the payment of damages. As a commercial tenant, neither option is particularly welcome.

If you are facing a dilapidation claim, we can advise you of your rights. If you are being unfairly treated, we will stand firm and counter the landlord’s accusations. We will produce evidence to support your case, outlining exactly why the dilapidation claim holds little merit.

Speak to our solicitors

For all areas of commercial litigation, our team of qualified commercial litigation solicitors led by Partner Simon Fagan are in a position to advise you on how best to progress your case.

Contact our team today in order to discuss any aspect of your commercial litigation case in greater detail.