When signing a lease, tenants are usually responsible for keeping the property in good repair, reversing any changes they have made, and maintaining it in a well-presented condition. Over time, these responsibilities can lead to significant costs if not managed carefully.
Doyen Partners has extensive experience supporting both landlords and tenants in negotiating and resolving dilapidations claims, helping to achieve fair and practical outcomes for all parties.
For Landlords
We regularly review lease documentation and prepare interim and terminal schedules of dilapidations for service on tenants. The schedule is based on the Scott Schedule and provides a breakdown of alleged breaches of the lease, proposed remedy and associated costs. The schedule further provides a summary of consequential losses arising from the breaches to form the landlord’s claim.
For Tenants
We have represented a number of tenants in fighting claims and negotiating a settlement following the service of the landlord’s claim following the determination of the lease, and have advised and managed the completion of works by the tenant to satisfy their obligations prior to the end of the lease term.
We always recommend that Tenants commission an acquisition survey (ideally by us) to assess the condition of the Property and the liabilities they would incur once they enter into a lease. Where there are items of disrepair we would prepare a Schedule of Condition to append to the lease to ensure that they are not responsible for repair those pre-existing defects.
In addition we have advised Tenants of their dilapidations liabilities to inform their financial planning and forecasts.
We take a wide-ranging view of dilapidations claims and consider the nature of the building and likely landlord intentions as there are a number of scenarios where the landlord’s claim can be significantly impacted.
Because of rapidly evolving market demands and conditions, including the gradual increase in Minimum Energy Efficiency Standards (MEES), the potential for supersession or outright redevelopment is high and if argued correctly saves our clients significant sums.
We advised our Client on the terms of a new lease for this office space in Newmarket, following the previous
We have carried out numerous ‘Red Book’ Market valuations of properties held in Self Invested Personal Pensions (“SIPPs”) on behalf
Carried out a market rent valuation of this town centre retail unit and provided a Charities Act report which the
Carried out a market rent valuation of this 32,000 sqft newly developed light industrial unit near Cambridge. The Client required
Carried out a market valuation of the retail units within this shopping and community centre in Peterborough, for audit purposes.
Managed the refurbishment of and alterations of this community centre in Newmarket, which had obtained charitable donations to upgrade and
Managed the refurbishment of an existing hatchery facility following the acquisition of the property by a game-bird hatchery operator. The
Carried out the design, specification and contract administration of this roof replacement and external refurbishment project to a Grade II-listed
Carried out Reinstatement Cost Assessments of our charity Client’s estate comprising 32 alms houses and a community centre.
Carried out Reinstatement Cost Assessments of our education Client’s portfolio of secondary schools across north London.
Carried out a dilapidations assessment of this 100,000 sqft distribution centre for a prospective assignee of the current lease. The
Provided a s.18 valuation report to support a landlord’s dilapidations claim against an out-going tenant of this 6,000 sqft west
Acted on behalf of a tenant to respond to the landlord’s terminal schedule of dilapidations of this modern light industrial
Acted on behalf of a tenant to respond to the landlord’s terminal schedule of dilapidations of this mid-20th century light
Building survey and feasibility study of a dilapidated former pub on the outskirts of this Essex town to inform a
Technical due diligence to support the leasehold acquisition of this recently refurbished 36,000 sqft industrial unit for use as a
Technical due diligence to support the acquisition of this new-build light industrial unit for use by an owner-occupier. In addition
Technical due diligence to support the acquisition of this modern 60-key budget hotel and separate carvery restaurant investment situated on
Technical due diligence to support the acquisition of a portfolio of 6 vacant and dilapidated hotels after the previous owners