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Dilapidation Claims Specialist dilapidation claims solicitors in Milton Keynes
During or at the end of a commercial tenancy, a landlord may bring a dilapidations claim against the tenant, requiring them to put the property into good repair in accordance with the terms of the lease.
Dilapidations can be costly, meaning they can be hotly contested by both parties. This can sometimes result in disagreements, especially when the tenant was not fully aware of their obligations or does not agree on the extent of the required works.
The timing of the issue of the schedule can directly affect the possible costs as tenants cannot do their own work so easily once they are no longer in occupation.
At Heald Solicitors in Milton Keynes, our commercial property solicitors advise both landlords and tenants on their legal rights and obligations and have extensive experience in dealing with dilapidation claims and disputes.
Our commercial property solicitors advise both landlords and tenants on their legal rights and obligations.
Bringing a dilapidations claim
Landlords will need to have a Schedule of Dilapidations drawn up by a building surveyor giving details of the breaches of the repairing, decoration, and compliance clauses in the lease. The Schedule should also include the cost of carrying out the repairs to the agreed standard.
The surveyor will include a quantified demand giving the total amount of loss or damages to be remedied.
The Schedule and demand should be served on the tenant. If the end of the tenancy is approaching, it is important to serve this within 56 days of the end date.
Responding to a dilapidations claim
If a tenant receives a Schedule of Dilapidations and a quantified demand, they should provide a formal response within 56 days, replying to each point in turn. They can instruct their own surveyor to respond.
If a tenant disagrees with anything in the Schedule, they should explain why in detail and advise the landlord the basis on which they are disputing their figures.
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Services at a glance
We act for both landlords and tenants in respect of dilapidations claims. We are often able to settle disputes by agreement, avoiding the need for litigation. Our services include the following:
- Reviewing the lease documentation to see what can be correctly included in any Schedule of Dilapidations;
- Serving a Schedule of Dilapidations and quantified demand – ensuring the correct legal process is followed;
- Responding to a Schedule and demand – protecting the tenant’s position;
- Working with your surveyor to get the best possible result;
- Negotiating with the other party – working to resolve disputes without the need for court action.
For expert advice contact our dilapidation claims solicitors
At Heald Solicitors our commercial property team are experienced in dealing with dilapidation claims. While our office is in Milton Keynes, we regularly work with clients throughout England and Wales, often remotely, meaning that you can expect the same expert legal advice and excellent client care wherever you are located.
If you wish to talk to a commercial property solicitor, please get in touch with our legal expert Caroline Wilton .
01908 662 277[email protected]
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