Graham Thompson advises on the often antagonistic business of Dilapidations Assessments.
“Dilapidations detail a Tenants responsibility to repair, redecorate and reinstate a building at the end of a lease. These can often be extensive and expensive. Assessments are undertaken before a lease ends (9-12 months) so that a tenant knows what is required by them. They can also happen when businesses change hands or perhaps a new party takes on a lease from someone else.
Assessments detail the extent of any damage and disrepair that exists that can be clearly identified. The tenant may then choose to undertake the repairs before the lease termination date or agree a financial settlement negotiated by surveyors on behalf of the parties.
Tenants may receive a Schedule of Dilapidations prepared by the landlord’s surveyors some time before the lease termination date although this is not a legal obligation – some landlords may often choose to allow a tenant to vacate before assessing what is required.
Importantly there are statutory protections for the tenant with regard to the works being claimed and the landlord is duty bound to substantiate the claim presented. This may include that fact that the building has been let pre-refurbishment and this has a significant impact on what the Landlord can claim”
If we can assist with advising your tenants on their responsibilities or advise you as to the legitimacy of an Assessment you may have received do get in touch.
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