Dilapidations
Dilapidations refer to the items of disrepair covered in the repairing covenants of a commercial lease.
Our Commercial Property Solicitors advise both landlords and tenants on all legal matters relating to dilapidations.
By choosing us, you can be assured that you will receive expert legal advice from one of the most highly-regarded Commercial Law teams in Nuneaton and Warwickshire.
We are a diverse, multi-lingual law firm that leverages best-in-class technology to provide clients with efficient, modern, and highly effective commercial property law advice and representation. Our extensive experience in commercial property law means we have a robust reputation for excellence, working alongside the UK’s best Barristers and King’s Counsel, Estate Agents, Independent Financial Advisers, Surveyors, and Lenders who can provide additional support to our Commercial Property Department if needed.
Common Questions About Dilapidations
Where are the covenants relating to dilapidations contained?
The covenants related to dilapidations are typically found in the lease. Relevant covenants include:
- A repairing covenant
- A decorating covenant
- A covenant to comply with statutes
- A covenant to yield up and any related responsibilities that specify the condition in which the tenant is required to leave the premises at the end of the term
- Reinstatement requirements that relate to alterations carried out by the tenant
Additional obligations may be found in supplemental documents, such as a licence for alteration or a deed of variation.
What are the remedies available to the landlord for breach of a repairing covenant?
The remedies available to a landlord are dictated by the terms of the commercial lease agreement. Available remedies can include:
- Damages: During the term of the lease, claiming damages for breach of repairing covenants is limited by statute. In practical terms, this remedy is mainly available after the commercial tenancy ends.
- Forfeiture: Most commercial leases contain an express right for the landlord to peaceably re-enter the property. This grants the landlord the right to forfeiture; however, the right can only be exercised if the landlord has served a Section 146 Notice on the tenant, detailing the breach, requiring the breach to be remedied, and demanding monetary compensation. Landlords must give tenants a reasonable time to remedy the breach.
- Jervis v Harris clauses: Most commercial leases include a clause allowing the landlord to enter the premises, carry out repairs, and recover the associated costs from the tenant.
- Specific performance: In rare cases, the Courts may rule that specific performance is an appropriate remedy.
What is a ‘yield up’ clause?
To ensure a landlord is not left with a property in disrepair at the end of a tenancy, most commercial leases contain a ‘yield up’ clause. This clause clarifies the tenant’s responsibilities regarding repairs, decoration, and the removal of alterations and signage at the end of the term. If the tenant breaches the express yield up clause, the landlord may claim damages in the form of lost rent while repairs are carried out.
Why Choose Us?
Whether your commercial lease concerns warehousing, retail, manufacturing, or office space, disputes over dilapidations can be stressful for all parties involved. However, with the right professional advice, this does not have to be the case. Our Commercial Property Solicitors will carefully examine the terms of the agreement and advise on whether a breach of repair covenants has occurred and the available remedies. Our team understands the demands on our commercial property clients and works to resolve issues as swiftly as possible.
We pride ourselves on providing a personal service to all our clients and, where possible, we are always available by phone and will respond to your email within 24 hours. As a full-service law firm, we can also offer advice on other commercial matters such as contracts and dispute resolution.
We leave no stone unturned when handling commercial property transactions and disputes. Each team member has the experience and resources to ensure that every aspect of a lease agreement, including dilapidations, is addressed. Our commercial landlord and tenant clients trust us to deliver the commercially-astute advice needed to protect their interests.
As businesspeople ourselves, we understand that every decision must encompass commercial reality. Most of our instructions come through word-of-mouth recommendations because business owners in Nuneaton and Warwickshire trust us to resolve dilapidations issues quickly, confidentially, and in a manner that protects their best interests.
We are focused on achieving results in the swiftest, most cost-effective way possible. Our Commercial Property Solicitors will manage your legal concerns, allowing you to concentrate on your organisation’s future growth and success.
To discuss dilapidations with us, please contact us using the form below.
Cocks Lloyd Solicitors provides exceptional Dilapidations and Commercial Property services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Dilapidations and Commercial Property, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.