Dilapidations

Dilapidations

The purpose of a Schedule of Dilapidations is to identify breaches of covenant within a lease.  The allegation of a breach of a covenant within a lease is the initial step in the process of dilapidations.

Lease obligations may be either express or implied and relate to repair, decoration and reinstatement of alterations along with certain costs and other specific requirements.  The normal legal remedy for dilapidation breach is a claim for damages. Usually a Schedule of Dilapidations is prepared representing the actual damage suffered by the landlord or the tenant.

Benison Associates prepares Schedules of Dilapidations specific to each individual case and may act on behalf of the landlord or tenant.

General scope of services provided:

  • Review of lease documents to assess tenant’s reinstatement, repair and redecoration obligations.  These documents would include all leases, licences to alter, deed of variation and any schedules of condition etc
  • Carry out a visual inspection of the premises to assess the extent of work required for the tenant to comply with their obligations
  • Prepare Schedules of Dilapidations
  • Advise Clients with regards to other required specialist consultants
  • Provide costing of work required
  • Incorporate costs in our schedule and issue to the Client’s solicitor for service on the tenant
  • Negotiate a financial settlement with tenants or their advisers

Benison Associates comply with the dilapidations protocol as issued by The Property Litigation Association.

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