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Services - Dilapidations

The practical definition of Dilapidations is the cost of, or works required, to put a property back into the condition required of a tenant by the repairing and other obligations contained in a lease. This term applies both during and at the end of the lease.

There are always two sides to any argument, Dilapidations is no different. Pragmatic advice from experienced professionals can however go a long way to removing doubt.

Landlord

Maintaining the value and condition of your asset by ensuring your Tenant complies with all repairing, redecoration and reinstatement obligations under their lease. We can assist you by interpreting lease obligations, carrying out inspections and providing advice on any breaches. We can also formulate RICS compliant schedules, monitor remedial works or cost and negotiate financial settlements where required.

Tenant

Repairing obligations are often overlooked or misunderstood by Tenants. In addition to being responsible for any repairs a Tenant may also be responsible for the cost of preparing and negotiating any Schedule of Dilapidations incurred by the Landlord. We can assist you understand your repairing liabilities, enabling you to establish an appropriate strategy or make suitable budgetary provisions. Being pro-active can help reduce any liability for remedial work and associated fees.

Bruce Shaw act for both Landlords and Tenants and have on a number of occasions been appointed Independent Experts.

Schedules of Condition

Often confused by non-professionals with Schedules of ‘Dilapidation’. These are in fact very distinct in composition and purpose. A Schedule of Condition is a written record (most often supported by photographic evidence) of the physical condition of a building at a point in time. Schedules can vary significantly in their level of detail.

Schedules of Condition are often attached to a lease, normally with the purpose of limiting the Tenant’s repairing obligation by exhibiting a pre-existing condition. Schedules are also utilised by developers and contractors prior to undertaking works, in order to limit the potential for unfounded claims.

The quality of a schedules and a full appreciation of their purpose is vitally important if parties’ interests are to be protected.