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Commercial Property Litigation

Repair & Dilapidations

Repair & Dilapidation Disputes and Litigation Solicitors in Manchester and London

Whether you are a landlord wanting to bring a claim or a tenant wanting to defend or settle a repair or dilapidation’s claim, our commercial lease dilapidation’s solicitors based in Manchester and London can assist you with clear pragmatic advice to achieve an early resolution to the dispute.

How Our Repair and Dilapidation’s claims Solicitors Can Help You

Dilapidation’s claims are often brought under Landlord and Tenant Act 1927 by a landlord against a tenant for breaches of the repairing and decorating obligations either during or at the end of a commercial lease to recover the costs of repair and compensation for the rent lost during the reinstatement works and any legal costs of enforcement.

Ours solicitors will assist by making offers to settle the claim out of court or before the final hearing. However, the parties cannot reach an amicable settlement through negotiations and the proceedings are issues, we will ensure that the pre-action protocol for dilapidation’s claims has been adhered to and if the claim reaches trial we shall ensure you have the best possible representation and enhance your chances of obtaining a best commercial outcomes for your business.

Commercial Lease Dilapidation’s Claims By Landlords

Monarch Solicitors can help you instruct a surveyor to prepare a schedule of dilapidation’s recording the alleged disrepair and draft and serve the repair notices, known as:  

  1. Interim schedules and repair notices – These are prepared and served after an inspection of the premises during the term of the lease. If a tenant fails to act, the landlord may re-enter the premises, carry out the works and invoice the tenant.
  1. Terminal schedules and repair notices – These are prepared after the lease has expired or earlier, where a tenant has vacated the premises. Once the lease has expired the tenant will lose the right to undertake the work once the lease has expired

Commercial Lease Dilapidation’s Defence for Tenants

Where a tenant receives a dilapidation’s schedule or notice to repair, we can help you analyse the merits of the claims so that you can decide whether to undertake the works during the term of the lease or agree a financial settlement and challenge the costs claimed by the landlord based on their intentions for the premises.

Our lawyers will ensure that a landlord does not attempt to profiteer in a dilapidation claim and limit the claim to actual losses especially where a landlord intends to alter or redevelop the property.

Commercial Lease Repair Covenant Drafting And Negotiations

Repair and dilapidation’s are a highly contentious area of landlord and tenant law. As the basis for all disputes around repair and dilapidation’s stem from the wording of the commercial lease, both landlords and tenants should take advice at the point of the grant of the lease, otherwise it could lead to financial losses at the end of the lease.

Our commercial lease drafting lawyers can ensure that when a commercial lease is drafted, the wording of the repair covenant is skillfully negotiated to protect your interests, whether you are a landlord or tenant.   We can also instruct and prepare a schedule of condition to be annexed to the lease to avoid any later disputes around what condition the premises transferred in on the outset of the lease. 

About Our Repair and Dilapidation’s Dispute Lawyers 

If you are faced with a repair or dilapidation’s issue, Monarch Solicitors landlord and tenant disputes team will advise you on how best to approach the dispute to ensure that your rights are protected as well as your commercial targets.

Apart from drafting commercial leases and dealing with dilapidation’s, our commercial lease team also provide strategic advice to both landlord and tenants on other lease provisions and disputes such as:

Alternative Dispute Resolution – Mediation & Arbitration

If you do not want to go to court or your lease or agreement for lease has an Alternative Dispute Resolution (ADR) clause in it, we can assist you in fighting your corner.  The main 2 types of ADR involve mediation and arbitration.

Mediation involves a third-party mediator who will investigate the underlying problems and help the parties negotiate a settlement. 

Arbitration involves an arbitrator is someone who investigates a commercial dispute in a similar way to the courts and has the power to impose a binding settlement on the parties involved.

Landlord & Tenant Dispute Costs & Service Transparency

We offer a transparent pricing structure, and can potentially offer a No Win No Fee, Commission Based Fees, Discounted Conditional Fee Agreements or arrange After the Event Insurance to help you with litigation costs in repair and dilapidation’s disputes.

If you are considering taking Court action the costs of litigation in a repair and dilapidation’s dispute claim should be weighed against the amount likely to be received in damages and the loss of reputation to your business.

We know it’s important to your business that the legal costs of the land lord and tenant dispute are kept under control so as to not affect your cash flow.

We’ll not only ensure that you’re aware of costs implications from the outset, we’ll provide you with step-by-step cost estimates or fixed fees for each stage of the work. We’ll also consider funding options to suit your business needs so you can be sure that our legal services are cost effective.

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

We are clear in our advice and completely transparent with our fees.

Contact Our Repair & Dilapidation’s Solicitors in Manchester and London, UK

For more information about our repair and dilapidation’s claims and defence service please complete our online contact form here or send an email to us at [email protected] and one of our solicitors specialising in commercial lease repair and dilapidation disputes shall call you back. 

Alternatively, please call our repair and dilapidation’s lawyers on 0330 127 8888 for a free and confidential no obligation discussion.

We have specialist commercial lease repair and dilapidation disputes solicitors based at our Manchester and London offices offering a personal service, nationally and internationally.

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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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