Dilapidations Surveyors

Expert dilapidations surveyors

Our firm specialises in providing expert assistance to landlords and tenants navigating the complexities of dilapidations. We offer detailed evaluations of properties to determine breaches of lease terms and the scope of repair obligations. Our aim is to ensure both parties meet their contractual duties, thereby mitigating potential disputes and financial liabilities. With a commitment to accuracy and legality, our team provides essential guidance, helping to maintain the value of the property and uphold the interests of all parties involved.

What are dilapidations?

Dilapidations refer to breaches of lease obligations relating to the physical state of a commercial property. This primarily comes into play at the termination of a tenancy, where the tenant is typically required to return the property in a condition consistent with the terms of the lease. Failure to do so may result in a claim for damages to cover the costs of necessary repairs and reinstatements. The claim for damages is set out in a document known as a "Terminal Schedule of Dilapidations".

Click here to find out more about what is included in a Schedule of Dilapidations

The scope of dilapidations extends beyond the end of a tenancy. During the lease term, landlords can also raise dilapidations claims if the property is not maintained according to the agreed standards. In these instances, the focus is usually on remedying the issues rather than seeking financial compensation.

While the primary focus is on commercial property, dilapidations can also apply to residential properties. However, this constitutes a distinct area of legal and surveying practice, with different considerations and protocols.

By understanding dilapidations, tenants and landlords can better navigate their responsibilities and rights, ensuring properties are maintained appropriately and disputes are minimised.

All landlords and tenants are best advised to understand their obligations and costs with regard to dilapidations at each stage of the property lifecycle — during acquisition, throughout the lease term, and at the end of the lease. This understanding is crucial for ensuring that commercial budgets and plans are accurately anticipated and adequately provisioned. By being well-informed, parties can avoid unexpected expenses and disputes, facilitating smoother transactions and property management. During the lease term, Ayling Associates Ltd. can act for either landlord or tenant to produce a dilapidations report that gives an estimate of the likely dilapidations claim that will arise at the end of the tenancy.

The Dilapidations Process: A Guide to Surveyor Roles and Protocols for Landlords and Tenants

Dilapidations matters often proceed with surveyors appointed by both the landlord and the tenant. The landlord's surveyor typically produces a terminal schedule of dilapidations, outlining the breaches of lease obligations concerning the property's condition. The tenant's surveyor then reviews and responds to this schedule. The manner and timescales for reviewing and responding are governed by the dilapidations protocol, a formal procedure that dictates how such matters should be addressed prior to any court proceedings. This protocol ensures a structured and fair process, aiming to resolve issues efficiently and effectively.

Expert Dilapidation Surveyors

We specialise in providing expert assistance to landlords and tenants in navigating the complexities of dilapidations. Contact us today for a free of charge initial assessment.

Our initial assessment for landlords typically involves an inspection of the tenanted property and an evaluation of any breaches of the leasehold obligations.

For our initial assessment for tenants, we review any schedule of dilapidations free of charge in the first instance, and provide informal advice on how we may assist. In most instances we can dramatically reduce the value of a dilapidations claim by putting your case forward and building a defense using our professional experience and expertise. We advise all tenants to seek professional advice as soon as possible when in receipt of a dilapidations claim.

Following the initial assessment, we guide our clients through the dilapidations protocol, a structured approach recommended by the Royal Institution of Chartered Surveyors (RICS). This protocol standardises the way dilapidations are managed, promoting fairness and transparency throughout the process. Key steps include serving a 'Schedule of Dilapidations' that itemises required repairs, issuing legal notices, and adhering to compliance timeframes. Our team ensures these documents are meticulously prepared in accordance with legal standards to help avoid future disputes.

Achieving a favourable outcome in a dilapidations case involves reaching a satisfactory resolution that minimises costs and legal conflicts. For landlords, this typically means the tenant undertakes all necessary repairs or provides adequate compensation to cover the cost of works required to restore the property to its original condition, as stipulated by the lease. For tenants, a favourable outcome often involves negotiating settlement terms that are financially manageable and reflect the true extent of their obligations, potentially reducing the scale of the work or associated costs.

To facilitate these outcomes, we offer skilled negotiation services, leveraging our detailed understanding of dilapidations to achieve settlements that are equitable. We ensure continuous communication between all parties, providing updates, clarifications, and advice throughout the process. Our aim is to maintain the value of the property while upholding the interests of all parties involved, ensuring that both landlords and tenants meet their contractual duties and mitigate potential disputes and financial liabilities.

What is a schedule of dilapidations?