Dilapidations

Dilapidations and schedules of dilapidations can have serious financial implications for both landlords and tenants and so it is important to fully understand the implications and obligations within the repairing and decoration obligations in any lease.

Our dedicated specialist Property Dispute Resolution team has extensive knowledge and experience in dealing with Dilapidations claims for both landlords and tenants.

The team has a reputation for providing clear, commercial and practical advice to landlords, tenants, building surveyors and other property professionals to achieve an early resolution of dilapidations issues with a view to avoiding formal Court proceedings, wherever possible, and where this is in the client’s interests.

In respect of commercial terminal dilapidations claims the team fully embraces the Property Litigation Association Dilapidations Protocol. This encourages early disclosure and communication, increasing the prospect of avoiding litigation by reaching a settlement and, where Court proceedings cannot be avoided, to efficiently manage the claim and ensure that the client’s position is protected so far as is possible.

As well as commercial terminal dilapidations claims, our specialist team is also experienced in dealing with the following dilapidation issues: 

  • Access to carry out repairs 
  • Agricultural tenancies 
  • Authorised guarantee agreements and former tenant 
  • Asbestos liability 
  • Betterment and improvements 
  • Ceilings and cladding 
  • Concrete 
  • Cost recovery 
  • Damages, and the quantum of liability 
  • Decorating covenants 
  • Diminution in value/section 18 defences 
  • Exploratory works 
  • Expert building surveying and valuation evidence 
  • Fixtures and fittings 
  • Forfeiture 
  • Interim Notice to Repair 
  • Interpretation of the repairing obligation 
  • Landlord’s remedies 
  • Leasehold Property (Repairs) Act 1938 
  • Mediations 
  • Office, retail, industrial and leisure premises 
  • Reinstatement 
  • Relief from forfeiture 
  • Residential premises 
  • Steel frames 
  • Strategies and tactics 
  • Tenant liability 
  • Terminal dilapidation claims 
  • Walls and windows 
  • Yielding up

“Thrings have proved themselves commercially, pragmatically and legally extremely competent, a combination that, in my experience, is rare. I am looking forward to expanding our involvement together.”
Andy Trotter, Head of Property, EDF Energy Plc

Gemma Featonby
Associate Solicitor
Swindon
01793 412107
Warren Reid
Partner
Bristol
0117 930 9527
07786 856918
Helen Stamp
Associate Solicitor
Bath
01225 340143
Michael Tatters
Partner
Swindon
01793 412633
07816 270481