The issue of dilapidations can be a very fraught and expensive area connected with properties held on leases. Whether you are a Landlord or a Tenant, if handled incorrectly, dilapidations can often cost parties a considerable amount of money.
Smith Marston LLP carry out dilapidations services for both landlords and tenants, each party having different requirements.
LANDLORD
If you are a landlord, are you aware of the correct manner in which to assess and pursue tenants who have not fulfilled their leasehold obligations? Are you familiar with the Pre-Action Protocol for Dilapidations? Are you familiar with what costs you, as a landlord, can and cannot recover from tenants?
Receiving the correct advice at an early stage can help you to maximize your chances of receiving your building back in good repair, so that you may re-let it again.
TENANT
If you are a tenant, ensure that you consider your dilapidation liabilities early. Costs of dilapidation repairs, decoration and reinstatement works can be a considerable expense to any organisation. If dilapidation repairs are not carried out before the end of a lease, the landlord is often entitled to recover further substantial monies from you, the tenant, for items such as professional fees, loss of rent and VAT, all of which could have been reduced or even avoided if, as a tenant, you had carried out the dilapidation works yourselves. By having a Dilapidation Assessment report prepared, you can establish the likely costs involved early on, to enable you to develop a strategy for either carrying out dilapidation works, or reaching a negotiated cash settlement with your landlord. If you have been unable to plan dilapidation works in advance and you have already received a claim for dilapidations from your landlord, we can assess the claim and try to reduce this by negotiation. |
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