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Landlord & Tenant Disputes

Dilapidations

Dilapidations

Dilapidations relate to breaches of the repairing and decorating obligations as set out in a lease.

Dilapidations disputes arise between landlord and tenant when the tenant fails to adhere to the covenant during the end of the lease.

What we can do?

  • Giving professional legal advice about enforcement action in relation to dilapidations.
  • Ensure that you maximise your recovery
  • Collaborate with the surveyor to ensure that your rights are most effectively protected.

Contact our Litigation Solicitors:

If you would like to enquire for any matters regarding dilapidation disputes in a lease please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.

Alternatively, please call our litigation solicitors in Manchester on 0330 127 8888 for a no obligation discussion.

For more information regarding legal funding options, please click here for more information.

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FAQ

Most frequent questions and answers

The practical definition of dilapidations is the “exit costs” to the tenant of putting a property back into repair and potentially reinstating tenant’s alterations at the termination of a tenancy / lease.  These dilapidations costs are frequently a shock to the tenant who receives a schedule of dilapidations from its landlord. A landlord is entitled to have its property kept in the state of repair as dictated by the covenants of the lease. Disputes often arise when a tenant fails to adhere to these covenants during the lease term or on expiry of the term.

No.  The dilapidations liability can be limited by section 18 of the Landlord & Tenant Act 1927 to the lower of:

  • the cost of undertaking the dilapidation repair works and
  • the diminution of the landlord’s reversion due to the dilapidation works having not been undertaken.

A section 18 valuation will often limit the dilapidations claim and this is why it is important to have a dilapidations negotiator that has the valuation / property market expertise.

Guidance to parties that the courts strongly encourage parties to follow during a dilapidations dispute to limit the costs and time incurred.

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