Dilapidations Claims are one of the most common disputes arising between a landlord and tenant during or at the end of a lease. These typically arise over the landlord wanting the tenant to have repaired or decorated certain aspects of the property which the tenant has failed to do. The common law position states that the tenant should leave the property in the same condition in which he or she received it, unless contractually stipulated otherwise.
The lease between the landlord and tenant is exceptionally important when considering the Dilapidations Protocol. This is because the lease will clearly outline the obligations and limitations of both parties. For example, if there was a clause stating that it was the tenant’s obligation to repair and keep the property, then it would be crucial for the tenant to do so even if the property was not in good repair upon entering the contract. Many tenants are not aware of the extent of their repair liability. This is exactly why it is wise to receive legal advice before binding yourself within a lease.
The landlord should provide a Schedule of Dilapidations in which the tenant will be in charge of carrying out. If the tenant does not carry out the works on these items specified, they will need to pay the equivalent damages.
Dilapidations claims can become very complex and it is crucial to be fully aware of your obligations from the beginning. These claims can prove to be very expensive for both parties. At Bloomsbury Law, we appreciate the intricacies of these situations and have years of expertise to assist your situation and provide you with advice to make your claim run as smooth as possible.
What do I do next?
Contact us online or speak to one of our experienced property lawyers on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.
We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.