Dilapidations Survey and Reports
Dilapidations are items of disrepair or defects, which Tenants (usually under a Lease of Commercial Property) are required to rectify or pay to have remedied under repairing covenants contained in the Lease.
Acting for Landlords or Tenants, we provide a comprehensive Dilapidations Survey service. This includes assessing and preparing a Schedule of Dilapidations arising under a Lease, through to negotiating settlements and resolving disputes. We are also able to arrange for repair and redecoration of the premises to comply with the Lease, where time allows and this is the preferred course of action.
Acting for Landlords we can provide a variety of Dilapidation-related reports for different stages of a commercial Lease. These include:
- The Commercial Lease.
- An Interim Schedule of Dilapidations.
- Terminal Schedule of Dilapidations– where the schedule is prepared before the end of the Lease in view of the Lease shortly coming to an end.
- Final Schedule of Dilapidations – when the Tenant has vacated the premises at the end of the Lease, and the extent of disrepair can be established.
- Scott Schedule of Dilapidations – a priced Final Schedule.
- A Quantified Demand – a summary of the costs to be claimed. It is prepared by, or on behalf of, the Landlord and is issued after the end of the Lease.
- Section 18 Diminution Valuation.
In our work we follow the RICS Guidance on Dilapidations and the Dilapidations Protocol. We can also act on a Landlord’s behalf when it comes to negotiating Dilapidations claims.
Acting for Tenants, we assess and advise on Dilapidations in relation to their Lease and circumstances. We can:
- Evaluate and advise on each served schedule and if the claim is justified or could be defended.
- Negotiate and defend Tenants against Dilapidations claims made by their Landlords.
- Give guidance on what strategies to adopt, and procedures to follow, to mitigate repair costs to the Tenant in the time constraints of the Lease – for example, if they can arrange to have the repairs undertaken themselves for less than the Landlord’s contractor might charge.
Managing the repairs
For both Landlords and Tenants, we can also help with undertaking the necessary repairs by drawing up a schedule of works, appointing a contractor and monitoring the work to a satisfactory completion.
Regulated by RICS