Dilapidations
- Dilapidation reports apply to Leased properties only, and can be issued during the lease (interim) or towards the end of a lease (final).
- The dilapidations report notes the present condition of the leased premises along with what work is required to return the premises to their previous condition. Cost estimates are also entered in the report for the required works.
- The tenant can produce their own dilapidations report should they believe the landlords to be unfair.
- We can act for either the Landlord or Tenant.
The term 'dilapidation' denotes a condition of disrepair which has been caused or allowed to develop in a property, and which will involve the person responsible in legal liabilities.
di·lap·i·date
To bring or fall into a state of partial ruin, decay, or disrepair.
di·lap'i·da`tion n.
The act of dilapidating, or the state of being dilapidated,
reduced to decay, partially ruined, or squandered.
The person whose acts of omission or commission have caused such dilapidation, is usually one with a limited interest in the property, such as a tenant for life or under a lease. The tenant's neglect to keep the property in repair will have detrimental consequences for those who are to take it over (the landlord or another tenant) when the current lease ends.
A lease usually contains a number of terms and conditions agreed upon between the landlord and tenant. Certain covenants may be implied and these are referred to as 'the usual covenants'. Among the usual covenants are those by the tenant who shall keep and deliver up the premises in repair, and allow the landlord or his surveyor to enter and view the state of repair. The tenant may however expressly covenant 'to repair the premises and to yield them up in good substantial repair and condition'.
To repair means that the structure, fixture or installation is rendered fit to perform its proper function. Nevertheless the definition of repair is very much open to interpretation and unless an experienced surveyor is commissioned unnecessary costs and delay may be incurred when serving a schedule.
We have many years of working knowledge in the preparation of schedules and the relevant legislation. In preparing a schedule of dilapidation's, we will first examine the lease, paying particular attention to the repairing covenants in order to establish the extent of the lessee's obligations.
We will then inspect the premises, compile a list of defects and take measurements to build up an estimate of the costs of repairs. The schedule of dilapidation's is then prepared and served on the lessee, usually by a Solicitor.
Later, the work carried out by the Lessee is inspected, or alternatively the amount of damage negotiated with the Lessee's representative. If necessary, a Specification of Works can be prepared, tenders obtained and the repair works undertaken under our control.
A schedule of dilapidation's can be served during or after the lease has ended. Many problems in defining the scope of the repairs would be eliminated if the landlord and tenant agreed to commission a schedule of condition at the start of the lease, which we are also happy to produce; the tenant is not legally obliged to give back the premises in a better or improved state and therefore the schedule of condition would provide the 'bench mark' in determining the standard of repair specified at a later date.
Acting for the Lessee, a check is made on the Lessor's schedule to ensure that there are no spurious claims and to identify high costs capable of reduction. Negotiations are carried out with the Lessor's Surveyor to reduce the amount of work or damages.
In cases of disagreement or matters of law, we like to work as a team with the Solicitor and, if matters are not resolved we give evidence in Court.
- Chartered Building Surveyors
- Chartered Building Consultants
- Architectural Designers
- Project Managers
