Commercial Property Dilapidations Disputes

Protect Your Property Interests and Avoid Costly Disputes

When it comes to commercial leases, dilapidation disputes can quickly escalate into expensive and time-consuming problems. Whether you’re a landlord concerned about the condition of your property or a tenant unsure of your repair obligations, acting early is crucial.

With the right legal guidance, you can resolve these disputes efficiently and minimise the risk of costly court proceedings. Our expert solicitors are here to help you understand your options and secure the best possible outcome, all with the clarity and transparency you deserve.

For Commercial Landlords: Ensuring Your Property Is Properly Maintained

As a landlord, maintaining your commercial property in good condition is essential to preserving its value. A well-drafted lease typically sets out the tenant’s responsibilities to keep the property in repair. However, when tenants fail to meet these obligations, dilapidations disputes can arise, particularly at the end of a lease. Handling these disputes promptly and effectively is key to recovering costs and preventing prolonged vacancies.

Understanding Your Tenant’s Repair Obligations

Your commercial lease is more than just a rental agreement—it’s a legal tool that protects your property. It requires the tenant to return the premises in the same condition as when they first took possession, subject to fair wear and tear. If the tenant has made alterations or neglected repairs, you may be entitled to claim compensation or have the work completed at their expense.

Our experienced commercial disputes solicitors can:

Review your lease terms to clarify the tenant’s obligations regarding repairs and alterations.
Ensure that any breach of these obligations is properly documented and supported by a schedule of dilapidations.
Advise you on the correct procedure for recovering damages for the cost of reinstating the property.

Bringing a Dilapidations Claim

If your tenant has not fulfilled their repair obligations, serving a schedule of dilapidations is the formal way to document the work needed to return the property to its proper condition. This schedule includes details of the repairs, alterations, or maintenance issues that need addressing, along with the associated costs.

We can help you:

Prepare and serve a robust schedule of dilapidations.
Evaluate the costs involved, ensuring they are accurate and defendable.
Negotiate with tenants to settle the claim outside of court, where possible, to save time and reduce expenses.

In cases where a settlement cannot be reached, we’ll represent you in court, ensuring you have the best chance of recovering the full extent of the damages owed to you. Our goal is to protect your interests and maximise your return.

Words from our clients

Anthony Gold’s real estate litigation team specialises in commercial property disputes. The team regularly acts for commercial landlords, tenants and leaseholders on a broad range of matters including claims for nuisance, negligence and possession.

Housing and Property Disputes Client

Great time management, great attention to detail, great at keeping the client updated, cool under pressure and always very pleasant to deal with. Got a tricky transaction through in record time and really went the extra mile in order to do so. Property solicitors of the highest calibre. Would not hesitate to recommend and will certainly instruct again.

Housing and Property Disputes Client

Right from the off we were treated with dignity and respect from our solicitor and he showed great professionalism in what he does. We were kept fully up to date at all times with what was happening with our case and he also put our minds at ease with how the process works.

Housing and Property Disputes Client

For Commercial Tenants: Knowing & Protecting Your Repair Responsibilities

As a commercial tenant, your lease isn’t just about paying rent—it also places clear obligations on you to maintain and repair the property. Failing to meet these obligations can result in significant claims from your landlord at the end of the lease, known as dilapidations.

However, not all claims are fair, and with the right legal advice, you can ensure that you meet your responsibilities without paying for more than what’s necessary.

Know Your Repair Obligations

Commercial leases often contain detailed terms about the condition in which the property should be kept throughout the tenancy and, crucially, how it should be returned at the end of the lease. Many tenants are unaware that they could face a substantial bill for dilapidations, especially if the property has been altered or not adequately maintained.

To avoid unexpected costs, it’s essential to:

Regularly review the terms of your lease, particularly those relating to repair and maintenance.
Carry out necessary repairs before the end of your tenancy to minimise any potential claim.
Keep records of any repair work or improvements you have undertaken during the lease term.

We can review your lease, help you understand your repair obligations, and advise on any repairs you should address before the lease ends. By acting early, you can significantly reduce your exposure to dilapidation claims.

Challenging a Schedule of Dilapidations

If your landlord has served you with a schedule of dilapidations outlining repairs and costs you are responsible for, it’s important not to panic. While some claims are valid, many can be overstated or include unnecessary repairs. Our solicitors can help you assess whether the landlord’s claim is reasonable and identify potential defences.

Here’s how we can assist you:

Review the schedule of dilapidations in detail, including the listed repairs and the associated costs.
Challenge inflated or unreasonable costs, ensuring you only pay for legitimate dilapidation issues.
Negotiate directly with your landlord to reach a fair settlement, avoiding court wherever possible.

If negotiations fail, we can represent you in court, ensuring your position is robustly defended. Our goal is to protect your interests, helping you avoid paying more than is necessary while keeping your relationship with the landlord professional and productive.

Take Control of Your Commercial Property Dilapidations Dispute Today

Whether you’re a landlord seeking to recover repair costs or a tenant facing a dilapidations claim, acting now can save you time, money, and stress. Our expert solicitors will guide you through every step of the process, providing clear, practical advice to protect your interests and resolve disputes swiftly. With our transparent fixed-fee estimates, you’ll have peace of mind knowing what to expect from the start.

Don’t let a dilapidations dispute escalate—contact us today at 020 7940 4060 or via email at mail@anthonygold.co.uk to get the professional support you need.

Learn more about our funding options for housing and property disputes.

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Commercial Property Dilapidation Disputes: FAQs

Can a commercial tenant challenge a dilapidations claim?
What repairs am I responsible for as a commercial tenant?
Can a dilapidations dispute be settled without going to court?
Can a landlord claim for loss of rental income during repairs?
What is a schedule of dilapidations?

Can a commercial tenant challenge a dilapidations claim?

Yes, a commercial tenant can challenge a dilapidations claim, particularly if the costs are overstated or if the repairs demanded go beyond what is required by the lease. Landlords sometimes include unnecessary repairs or inflated costs in their claims. Our solicitors can review the schedule of dilapidations, assess whether the claim is reasonable, and help you negotiate a fair settlement. Challenging a claim early can prevent the issue from escalating to court, saving you time and money.

What repairs am I responsible for as a commercial tenant?

As a commercial tenant, your repair responsibilities will be outlined in your lease agreement. Generally, you are expected to maintain the property in the condition it was in at the start of the lease, allowing for fair wear and tear. This can include fixing structural issues, maintaining plumbing, electrical systems, and restoring any alterations made to the property. It’s essential to understand these obligations to avoid costly dilapidations claims at the end of your tenancy. If you are unsure, we can review your lease and advise you on your specific duties.

Can a dilapidations dispute be settled without going to court?

Yes, dilapidations disputes can often be settled without going to court. In fact, most landlords and tenants prefer to resolve these disputes through negotiation or mediation to avoid the time and costs associated with litigation. Our solicitors specialise in negotiating fair settlements that benefit both parties. We’ll work to resolve your case swiftly and cost-effectively, allowing you to move on without the burden of a drawn-out legal battle.

Can a landlord claim for loss of rental income during repairs?

Yes, in some cases, a landlord can claim for loss of rental income if the tenant’s failure to repair the property means the landlord cannot rent it out while repairs are being completed. However, this depends on the terms of the lease and the nature of the dilapidations. We can help you understand if this is an option for your specific situation and guide you through the process of claiming compensation.

What is a schedule of dilapidations?

A schedule of dilapidations is a formal document served by a landlord at the end of a lease, detailing the repairs, reinstatements, or maintenance issues that need to be addressed by the tenant. The schedule outlines the landlord’s assessment of the costs involved in returning the property to the required condition. If you receive a schedule of dilapidations, it’s essential to seek legal advice promptly to ensure the claim is fair and reasonable. Our team can review the schedule and help you negotiate or challenge any excessive demands.