Expert Solicitors for Dilapidations Claims

A dilapidations claim is a legal action by a landlord against a commercial tenant for failing to comply with the repair and maintenance obligations in their lease. These obligations typically include keeping the property in good condition, carrying out decorative works, and returning the premises in the state agreed at the start of the tenancy. Our commercial property solicitors help both landlords pursue claims and tenants defend them.

The limitation period for bringing a dilapidations claim is generally six years from the date the breach occurred or from the date the lease expired, depending on the nature of the breach. For claims based on breach of covenant, the six-year period typically runs from the date of the breach. Our commercial property solicitors can advise on the specific time limits applicable to your situation.

A schedule of dilapidations is a detailed document prepared by or on behalf of a landlord that lists all the breaches of lease covenants at the end of a tenancy. It typically includes the specific works required to remedy each breach, the estimated cost of those works, and the landlord's financial claims including professional fees. Our lease solicitors prepare comprehensive schedules that withstand legal scrutiny.

Tenants may have several defences available depending on their circumstances. These can include challenging the landlord's quantification of the claim, arguing that the works are not reasonably necessary, relying on a schedule of condition prepared at the start of the lease, or negotiating a settlement for a reduced amount. Our repair liabilities advice team helps tenants explore all available options to minimise their liability.

Terminal dilapidations refers to claims made at the end of a commercial lease when the tenant has failed to comply with their repair and maintenance obligations. The claim seeks to recover the cost of putting the property into the state it should have been maintained throughout the lease term. This differs from interim dilapidations which can be claimed during the currency of the lease. Our commercial property solicitors advise landlords and tenants on lease renewal and extension agreements that may affect terminal dilapidations claims.

Costs vary depending on the complexity of the claim and whether it settles or proceeds to trial. Our commercial property solicitors offer transparent, fixed-fee pricing for schedule preparation, response preparation, and negotiation services. For contentious matters that proceed to litigation, hourly rates apply with clear estimates provided at the outset. View our fee structure for more information.

The Pre-Action Protocol for Dilapidations Disputes requires parties to follow a structured process before commencing court proceedings. This includes the landlord serving a schedule of dilapidations, the tenant responding within a reasonable time, and both parties engaging in meaningful dialogue to try to settle the matter. Failure to follow the protocol may result in cost penalties at court. Our commercial lease solicitors ensure full compliance with all procedural requirements.

Yes, the vast majority of dilapidations claims settle without going to trial. Our expert solicitors pursue effective commercial lease dispute resolution strategies, including direct negotiation, without prejudice discussions, and mediation. Settling early typically results in lower costs for both parties and avoids the uncertainty of court proceedings.