Dilapidations Claims Solicitor

Whether you are a landlord or tenant of a commercial property, there is always potential for the state of repair of the property to become an issue at some point during the term of the lease. Disputes may arise when agreeing a schedule of condition before the lease begins; if alleged breaches occur during the lease term; or at lease expiry when the property is handed back. These issues frequently lead to dilapidations claims, including terminal dilapidations claims at the end of the lease.

JMW’s property litigation solicitors advise both landlords and tenants on commercial property dilapidations across all sectors. We regularly act for commercial landlords pursuing a claim for disrepair or reinstatement obligations, as well as for tenants defending exaggerated or unsupported claims. We can assist on matters involving interim schedules, terminal schedules and complex lease obligations.

Dilapidation disputes can carry substantial costs and professional fees are often disproportionate to the sums in dispute. For that reason, JMW prioritises early advice and cost-effective dispute resolution. We aim to resolve matters through negotiation or alternative dispute resolution wherever possible, while remaining fully prepared to pursue or defend court action where necessary to protect our clients’ interests.

To discuss a dilapidation claim or seek professional advice at an early stage, contact JMW today. Call 0345 872 6666 or complete our online enquiry form to request a call back.

How JMW Can Help

At JMW, our expert commercial property litigation team is here to provide the legal support you need. We specialise in proactive file management and use our expertise to help you navigate through your issue effectively. We can resolve a wide range of property disputes by offering practical, tailored advice to protect your rights and interests. We are expert problem solvers, with extensive experience in advising during challenging market conditions. We have vast experience in both resolving disputes through negotiation and taking claims to trial. We can help with the following:

• Advising on the scope of the tenant’s repairing covenant and lease obligations, both during the lease term and at the end of the lease.
• Reviewing alleged breaches and advising on tenant’s liability, including reinstatement obligations and repair works.
• Producing, reviewing or responding to schedules of dilapidations, terminal schedules and quantified demands.
• Liaising with a tenant’s surveyor or landlord’s surveyor to assess proposed works, remedial works and expected expenditure.
• Advising on diminution in value, supersession and the statutory cap under section 18(1) of the Landlord and Tenant Act 1927, including formal diminution valuations.
• Managing claims under the dilapidations protocol and advising on compliance with the pre-action protocol.

Our advice is practical and evidence-led, giving clients a clear understanding of their position and avoiding unnecessary financial losses.

Meet Our Team

JMW’s property dilapidations claims solicitors offer expert guidance for both landlords and tenants of commercial property. Our team has a track record of success for our clients, and will work to make the process straightforward so you can focus on getting the best out of your property.

What Is a Dilapidation Dispute?

Most leases for commercial properties impose repairing, maintenance, redecoration and reinstatement obligations on the tenant. A dilapidations claim arises where a landlord alleges that those obligations under the lease agreement have not been met.

Claims may be brought during the lease term, often by way of an interim schedule, but more commonly arise towards the end of the lease or following lease expiry as terminal dilapidations claims. These disputes focus on the condition of the property, the standard of repair required by the lease, and whether the tenant has complied with those obligations.

The value of a dilapidation claim is not based just on repair costs. It also depends on the landlord’s interest in the property, the landlord’s actions and intentions for the property, and whether any damages claim is limited by diminution in value or supersession. Claims often require more detailed quantification and expert evidence.

As such, dilapidation claims are heavily reliant on professional advisors, including building surveyors and valuation experts. Evidence may be required to assess actual or expected expenditure, proposed works and whether a statutory cap applies.

JMW works closely with specialist surveyors and valuers who can provide robust evidence on repair works, diminution valuation and quantified demands. This approach helps parties agree on a fair outcome or, where necessary, present a strong case in court proceedings.

What Is the Process of Instructing JMW in Relation to your Dilapidations Issue?

Instructing JMW is a clear and structured process designed to give you certainty and reassurance.

• Initial discussion: we will discuss your dilapidations issue, assess prospects, and advise on early steps, including whether you should instruct your own surveyor.
• Strategic assessment: we review the lease, the repairing obligations listed within it and the evidence you have gathered to develop a strategy aligned with your commercial objectives and risk appetite.
• Costs and timescales: we provide clear advice on likely financial costs, professional fees and timescales so you can plan effectively.
• Active case management: we progress matters proactively, maintain regular communication and provide concise, practical advice at each stage.

JMW offers a diligent and proactive service and tailors its advice to your specific situation.

Q

Can JMW advise both landlords and tenants?

A

At JMW, we act for commercial landlords, residential landlords and tenants. Our experience on both sides of dilapidation disputes allows us to anticipate arguments, assess potential defences and advise tactically to resolve any dispute as efficiently as possible.

Q

Do I need to act quickly once the lease ends?

A

The dilapidations protocol sets out specific timeframes that apply once a lease has ended, and both landlords and tenants are expected to act promptly.

In most cases, a landlord should serve a schedule of dilapidations within 56 days of lease expiry. Once that schedule is served, the tenant then has 56 days to provide a formal response, setting out which items are accepted, disputed or already remedied. Both parties are also expected to consider alternative dispute resolution before starting court proceedings.

Delays can prejudice a landlord’s claim or weaken a tenant’s response. Early advice is strongly recommended. It can often take time to obtain a schedule of dilapidations from a suitable surveyor and so you should be as proactive as possible. The same applies to tenants that have received a schedule of dilapidations from their landlords.

Q

How much do JMW’s services cost?

A

Our property litigation team charges hourly rates for the work it carries out. We can give you an idea of potential costs and funding structures during our initial consultation.