Dilapidations

Schedules of dilapidation, negotiation of dilapidation claim, settlement of dilapidation claim

We undertake and prepare a number of different types of schedule of dilapidation. We also negotiate the settlement of dilapidation claims for landlords and tenants. Schedules of dilapidation on behalf of landlords fall into two main types usually called interim or terminal. An interim schedule of dilapidation details items of disrepair found during the term and is served by the landlord on the tenant. It is often the prelude to the landlord entering the premises, carrying out the work and then recovering the cost from the tenant (assuming it to be permitted under the lease). Our qualified and experienced surveyors take great care when preparing these interim schedules to observe the exact provisions of the lease. Otherwise there is a risk that the tenant might successfully claim that the schedule is not correctly served; and, the consequences of that can include an action against the landlord for trespass; an inability of the landlord to recover the cost of the works; or, even forfeiture of the lease. A terminal schedule also details items of disrepair together with other breaches of the lease by the tenant; it is prepared and served near to, at, or shortly after the end of the lease. The Dilapidations Protocol covers the preparation and service of a terminal schedule; it is a code of practice agreed by the Property Litigation Association and followed closely by our surveyors. The protocol is intended to improve the pre-action communication between landlord and tenant by establishing a timetable for the exchange of information relevant to a dispute and by setting the standard for the content of schedules and claims and, in particular, the conduct of pre-action negotiations.

We also prepare schedule of dilapidation on behalf of tenants during the currency of the term in order that they can comply with the terms of their lease or for budgetary purposes.

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