Negotiating a substantial reduction in a dilapidations claim

Our client, a commercial tenant, received a dilapidation schedule with a claim for close to £300,000 on termination of their lease.

Having taken on the lease 12 years previously (and unfortunately without seeking legal advice), our client had unwittingly agreed to a clause that required him to put the premises in good repair.

A more standard clause would be to keep the premises in good repair. On taking on the run-down property, our client had made a number of improvements during his tenancy to ensure it was usable. However, at the end of the lease the independent surveyor reviewed the property on the basis of the lease requiring it to have been put into good repair. The surveyor found that this hadn’t happened and the hefty claim was issued.

Brady Solicitors negotiated with the claimant on behalf of our client and, using arguments under Section 18(1) of the Landlord and Tenant Act, managed to reduce the amount payable by well over 70%, saving our client substantial sums.

For help with dilapidations matters or any aspect of commercial property litigation, contact us by email or on 0115 985 3450.

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