Dilapidations – Property Owners (Landlords)

Fairhurst Buckley Ltd are market leading Commercial Dilapidations specialists with extensive experience in acting for a variety of Landlords ranging from individuals to property companies and investment funds with regional or national property portfolios.

We have a comprehensive understanding of the issues faced by Landlords when Tenants vacate premises having failed to comply with their obligations, returning the property to the Landlord in a state not fit to return to market. Negotiations can often become protracted and costly with no certainty as to when dilapidations monies may become available.

We provide bespoke advice as to the most appropriate strategies in order to ensure that a Tenant complies with its Lease. We work very closely with our clients at each stage throughout the term of a Lease and ensure that clients are regularly updated throughout any period of negotiations.

The dilapidations services that we provide for Landlords include;

  • Assessment of dilapidations liability (at any stage during a lease)
  • Preparation of interim schedules of dilapidations and repairs notices
  • Agreeing, overseeing, and approving works undertaken by Tenants during a Lease term
  • Preparation of terminal schedules of dilapidations
  • Negotiation of claims through to settlement
  • Strategic advice and management of the dilapidations claim
  • Advice as to the merits of obtaining Section 18 diminution valuation advice and if required arranging the appointment of a suitable valuation surveyor
  • Contract administration in relation to the procurement of dilapidations works post lease expiry.

In most cases, the Landlord’s professional fees for the preparation and service of a schedule of dilapidations are recoverable under the terms of the lease. Dependent upon the drafting of the lease, a Tenant can also be obligated to pay the landlord’s fees incurred in negotiating settlement of a claim. We would advise further on this on a case by case basis following a detailed review of the Lease.