When it comes to commercial leases, disputes surrounding dilapidations are not uncommon. It is usual in commercial leases for tenants to be required to maintain the property in a reasonable state and ensure that all repairs are up to date. Dilapidations refer to repair works that a tenant has failed to undertake, in breach of their lease. While dilapidations can be an afterthought when the lease is being entered into, they can end up being one of the most costly aspects of a commercial property.
By the terms of their lease, a tenant usually has an obligation to ensure that the property is in a state of good repair when the lease comes to an end. Should this not be the case, the landlord should be able to recover the cost of repairing the damages from the tenant. However, this will not always be as straightforward as it sounds. As a dilapidations claim could ultimately end up being settled in court, it is important to protect your position and business interests from an early stage. This is where Adams Solicitors can assist.
Adams Solicitors have a dedicated Commercial Property and Dispute Resolution Team which has a wealth of experience in dilapidations claims and disputes and can help you ensure the best result for your property. We appreciate that being a commercial landlord or tenant can be an expensive business and so recognise the importance of having dilapidations disputes resolved at an early stage and in a cost-effective way.
Schedule of dilapidations
Subject to the terms of the lease agreement, a landlord is usually well within their rights to prepare then serve a schedule of dilapidations and a claim for damages. A schedule of dilapidations is a document which is prepared by the landlord detailing allegations of disrepair and a list of remedial works they believe require to be carried out.
However, a landlord must be sure to abide by certain terms when drafting a schedule of dilapidations. For example:
- The landlord must be able to prove that items are actually in disrepair and that this does not comply with the terms of the original lease.
- The landlord must also ensure that any costs claim for remedial work are not excessive and are reasonable in the circumstances.
The landlord may also have to demonstrate that they have suffered a loss because of the damage i.e. they have not been able to find another tenant for the property due to the damage caused.
It should also be considered that a tenant can only be required to return the property to the state it was in when the lease was entered into. They cannot be required to repair the property to a higher standard.
Dilapidations claims in London, UK
Under s.18 of the Landlord and Tenant Act 1927 a landlord is restricted in the amount of damages that can be claimed from a tenant, as reduction in value of the landlord’s interest will be taken into account. In addition to this, if the tenant can show that the landlord intends to substantially redevelop the property, which would mean any repairs would be obsolete, then it may be the case that no damages would be payable at all.
It is in the interests of both parties to a lease to ensure that all repairing obligations are up to date. However, we appreciate that this will not always be the case and that it may result in a dispute either during the period of the lease or when the lease is coming to an end.
Given our experience in all commercial property matters we are well placed to deal with any claims or disputes that arise. Disputes can not only be costly but also time consuming. That is why we offer practical, cost-effective and commercially minded advice to ensure the best result possible.
Contact Adams Solicitors – Dilapidations, Commercial Property Lawyers in London
We are here to help you with all your commercial property and conveyancing needs, and our experienced and professional team will always focus on what you want. To discuss your requirements with the friendly and professional team at Adams Solicitors, please do not hesitate to contact us on 0203 553 0451 or by completing our online enquiry form. We respond to all enquiries the same day they are made, and remain highly proactive until the matter is resolved to our clients’ satisfaction.
Commercial Property Investment
Property has long been one of the more secure investment options available. If you are considering investing in property, it is important that you are able to navigate what can sometimes be a minefield. For this reason it is important that expert legal advice is available to you at all stages of the process.
Commercial Property transactions can be complex and intricate. No one transaction is the same and in today’s economic climate it is essential you are properly advised.
Adams Solicitors have vast experience in this sector and can help you understand the risks and opportunities. Most importantly, we can help you get the most out of your investment. We have a wealth of experience in dealing with disposal, acquisition and management of all forms of investment properties.
What are the main considerations for commercial property investment?
We understand that every property and every client is different. There is no one size fits all and our client-centered approach means that our service and advice is tailored to suit the individual, allowing us to consistently achieve the best results for you. Whether you are a first time investor or you already have a portfolio of properties, we can help you ensure you are getting the most out of your investments. We can help you consider what is the best approach for your investments.
We can advise on:
- Tax implications.
- Property finance options.
- How the property should be held, i.e. in a unit trust, traditional partnership or limited liability company.
- The legislation you should be complying with, i.e. health and safety requirements.
- What your legal obligations as property owner are to any potential tenants.
- The industry you should be investing in, i.e. retail space or residential properties.
- Your disposal options.
- The least risky investment options.
- Location of investment, i.e. where are the best returns consistently available?
Owning a commercial property, although having the potential to generate substantial returns, also has the potential for substantial losses, and it is important to consider this when deciding whether to invest in property. We have a track record of working closely with individuals, investors, businesses and pension funds to ensure the best results. We are able to advise on sector specific investment and have experience in retail, leisure, residential and industrial property.
Our Commercial Property Investment Service in London
Adams Solicitors can assist in all stages of the investment process including securing funding and if necessary, creating an investment vehicle, the property transaction itself, post-completion matters, including title registration and Stamp Duty Land Tax (SDLT) and drafting of any leases and tenancy documents. We act for a whole range of clients and so have a wealth of experience in all commercial property matters, which means we are best placed to offer you commercial, cost-effective advice and solutions.
Our team of commercial property lawyers are all highly experienced and able to advise on all aspects of commercial property transactions and lease management, ensuring the efficiency of your investments and assisting with any issues that arise. We can help you ensure that your business interests are protected from the beginning. We realise how important financial investments are and how they can have a lasting influence on your other ventures and business interests.
With Adams Solicitors you can be confident that your interests will always be put first and we will keep you fully abreast of the opportunities and risks that present themselves before, during and after the transaction. Our team will work closely with you to ensure the most efficient, practical and cost-effective advice is given,
We will ensure that you will benefit from our vast technical and commercial expertise, as well as our long established legal knowledge.
Contact Adams Solicitors – Commercial Property Lawyers, London
If you are thinking about investing in commercial property, we can help. Our professional, dedicated team are highly experienced in all areas of commercial property and conveyancing, and will always strive to achieve your investment goals. To discuss your requirements with the commercial property lawyers at Adams Solicitors, contact us on 0203 553 0451 or fill out our online enquiry form. We respond to all enquiries the same day they are made, and remain highly proactive until the matter is resolved to our clients’ satisfaction.