RICS
Chartered Surveyors & Architectural Designers - Willes Simpson Woods

Commercial

DILAPIDATIONS

We have acted for a number of Clients in dealing with Leasehold Dilapidation matters.  We are able to act for the Landlord or Tenant in Leasehold disputes and negotiations.

  • Acting for the Landlord:  We will carry out an assessment of the condition of the building and prepare an Intermediate or Terminal Schedule of Dilapidations as required.  This document will be priced using industry based recognised pricing methods which can be supported and justified in the event of the matter proceeding to litigation.  We liaise and negotiate with the Tenant's appointed Professional Adviser in reaching a satisfactory dispute resolution which may result in financial settlement or supervising the Tenant's reinstatement works to ensure they are performed to an appropriate standard.
  • Acting for the Tenant:   The Tenant may wish to be informed of his legal responsibilities under the lease in terms of building upkeep and maintenance to comply with the lease repairing and decorating clauses at any time within the lease term.  We are able to carry out an appraisal of these liabilities and also provide professional advice/opinion in respect of the Tenant's position following issue of the Landlord's Interim or Terminal Schedule of Dilapidations.  We will assess and quantify the validity of the Landlord's claims and provide professional advice in negotiation and settlement of the Tenant's obligations under the Lease be it an agreed financial settlement or, subject to time, recommend specific performance of the works if it proves beneficial to do so, before the end of the lease term.

SCHEDULES OF CONDITION

Preparation of a Schedule of Condition at the commencement of a lease is an important consideration to protect the Tenant's position, particularly in respect of taking on a lease on older premises.  This document is a legally recognised record of the condition of the building prior to commencement of a new lease or assignment, which may limit the Tenant's repairing obligations and requiring him to return the building in no better condition than that recorded in the schedule.  This may save the Tenant significant costs and avoid unnecessary argument in disputes with the Landlord. 

LANDLORD AND TENANT

We are able to offer advice on leasehold matters with particular emphasis on repairing obligations and reinstatement clauses contained within the lease document.

We are able to assess the condition of a building to determine whether the Tenant has complied with his repairing obligations to protect the Landlord's reversionary value of his investment and serve Building Repairs Notices on the Tenants for non-compliance with specific repairing obligations. Alternatively, we may act on behalf of the Tenant where the Landlord serves such Notices, to assess their validity and advise on commission of the repairs as required.